i 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


in 


Bulletin  No.  23 


COMMONWEALTH  OF  PENNSYLVANIA 


LEGISLATIVE   REFERENCE   BUREAU 


James  N.  Moore,  Director 


THE    TOWNSHIP    LAW 


By 


C.  C.  Breisch,  Esq., 
R.  S.  Frey,  Esq., 
B.  R.  Glidden,  Esq., 


s 

Pe  '/^  o 


(2) 


PREFACE 

This  publication  was  prepared  pursuanl  to  the  provisions  of  the 
Art  of  March  31,  1921,  P.  i..  81.  M  contains  two  parts,  first  the 
Genera]  Township  Act  of  L917,  usually  called  the  Township  <  '<»< l<-. 
and  an  Appendix  containing  various  other  legislation  of  interest  t<> 
students  id  township  law. 

The  General  Township  Act  adopted  by  the  General  Assembly  of 
!917  is  substantially  a  re-enactment  of  existing  law  relating  to  town- 
ships. In  this  act  the  law  was  arranged  in  a  systematic  manner  and 
conflicting  provisions  were  harmonized  and  language  simplified. 
Being  substantially  a  re-enactment  of  existing  law.  the  source  of  the 
various  provisions  of  the  General  Township  Act  is  of  immeasurable 
value  to  the  students  of  this  branch  of  the  law.  With  this  informa- 
tion  the  reader  may  readily  ascertain  the  various  adjudications 
theretofore  made  by  the  courts,  and  trace  the  history  of  the  legis- 
lation. At  the  end  of  each  section  of  the  General  Township  Act 
notes  have  been  added  giving  the  source  from  which  the  provisions 
were  originally  drafted.  The  Code  has  also  been  annotated  with  all 
cases  decided  since  its  adoption. 

The  acts  published  in  the  Appendix  have  been  arranged  by  chapters 
and  have  been  annotated  with  all  the  leading  cases.  For  convenience 
in  indexing  and  to  facilitate  the  use  of  this  publication,  the  numeri- 
cal section  numbering  of  the  General  Township  Act  has  been  con- 
tinued in  the  Appendix. 

A  table  of  cases,  a  table  of  acts  and  an  analytical  index  have  been 

7 

added  after  the  Appendix. 

We  will   appreciate   if  the  reader  will   call   our  attention  to  any 
errors  or  omissions. 

JAMES  X.  MOORE, 

Director, 
•hine  1,  1922. 


(3) 


(4) 


TABLE  OF  CONTENTS 


THE  GENERAL  TOWNSHIP  ACT 


Chapter 

I 

Chapter 

II 

Chapter 

III, 

( 'hapter 
Chapter 


Chapter 


Chapter 


Chapter 


IV. 
V. 


VI. 


VII. 


VIII. 


Chapter 

IX 

Chapter 

X 

Chapter 

XI 

Chapter 

XII. 

Chapter 

XI11. 

Sections 

Preliminary   Provisions 1-0 

Classification   of  Townships 15-16 

Creation    of  Townships 20-68 

Article  I.     Erection    of   townships   of   the 

second   class L'0-28 

Article         II.     Designation    of    townships    of 

the    first    class 30-34 

Article         III.     Re-establishment    of    townships 

of  the  second   class 35-36 

Article         IV.     Division  of  townships,    40-65 

Article          V.     Consolidation  of  townships,  ..  66-68 

Township  Lines  and  Boundaries,   70-0") 

Election   of  Officers;   Vacancies  in  Office 100-183 

Article             I.      In  townships  of  the  first  class,  100-K* 
Article           II.     In     townships    of    the    second 

class 140-183 

Township  Officers 190-367 

Article             I.     General   provisions.    190-198 

Article          II.     Township  commissioners 210-L'l-l 

Article        III.     Township  supervisors,  township 
superintendent,      and      road 

masters,    230-241 

Article         IV.     Township  treasurer, 260-287 

Article           V.     Township  secretary, 300-312 

Article         VI.     Township  auditors 325-341 

Article       VII.     Township  police, 355-358 

Article     VIII.     Tax    collectors,    assessors,    and 

assistant   assessors,    365-367 

General  Powers, 380-386 

Article            I.     Of  townships  of  the  first  class,  380-381 
Article           II.     Of    townships    of    the     second 

class,   385-386 

Taxation  ;   Finance  ;  Road  Fund,   390-439 

Article             I.      In  townships  of  the  first   class.  390-4<><; 
Article           II.     In     townships     of     the     second 

class,   430-439 

Eminent  Domain 460-47^ 

Damages  for  Injury  to  Property, 485-488 

Roads.  Streets,  and  Highways,   495-846 

Article            I.     In  townships  of  the  first  class,  495-625 

Article          II.     General  provisions, 640-846 

Brides  and  Viaducts 855-HL'L' 

Article              I.      In   townships  of  the  first   class,  855  ST7 

Article          II.     General  provisions 890-922 

Sidewalks, 950-1042 


(5) 


6 


( !hapter 


Chapter 
Chapter 


Chapter 


Chapter 


( Ihapter 


( Ihapter 

Chapter 
( Ihapter 


XIV. 


XV. 
XVI. 


XVII. 


XVIII. 


XIX. 


XX. 

XXI. 

XXII. 


<  Ihapter 

XXIII. 

Chapter 

XXIV. 

Chapter 

XXV. 

( Ihapter 

XXVI. 

<  Ihapter 

XXVII. 

Chapter 

XXVIII. 

Chapter 

XXIX. 

<  Ihapter 

XXX. 

Sections 

Article            I.     In  townships  of  the  first  class,  950-1027 
Article           II.     In     townships    of    the    second 

class 1040-1042 

Sewers    and    Drains,     1070-1141 

Article            I.     In  townships  of  the  first  class.  1070-1128* 

Article          II.     Joint  sewers 1140-1141 

Contracts  with  Railroads  and  Railways, 1160-1165 

Water  Supply  and  Water  Works.   1180-1207 

Article             I.     In  townships  of  the  first  class.  1180-1190 
Article          II.     Construction,    acquisition,    and 
maintenance  of  water  works 

in  connection  with  boroughs,  1205-1207 

Public  Buildings,    1220-1250 

Article            I.     General   provisions,    1220-1236 

Article  II.     In     townships    of    the    second 

class 1250 

Licenses    and    License    Fees,    1260-1281 

Article            I.     General   provisions,    1260-1271 

Article          II.     In  townships  of  the  first  class,  L280-128] 
Parks,  Shade-Trees,  and  Forests  in  Townships  of 

the  First  Class 1295-1362 

Article            I.     Parks  and  Playgrounds 1295-1317 

Article           II.      Shade-tree  commission 1330-1341 

Article        III.     Forests 1355-1 362 

Enforcement  of  Ordinances  of  Townships  of   the 

First  Class 1380-1385 

Actions  by   and   Againsl    Townships 1395-1401 

Acts  of  General  Assembly   Repealed 1500  1501 

APPENDIX 

Constitutional    Provisions     Prohibiting   Local    and 

Special    Legislation,    1502 

Creation,    Consolidation    and    Division    of    Town- 
ships.      1503 

Official    Ponds 1504-1507 

Police,     1508-1520 

Employees  Entering  Militarj  Service  of  the  United 

States 1521-1523 

State    Association    of   Township    Supervisors    and 

( lommissioners,   1524-1529 

Inconipatihle    Offices 1530-1533 

Taxation,    1534-1638 

(a)  Certain    classes    of    property    not    taxable 

for  township  put  poses 1534 

(b)  Assessors,    1535-1546 

ie)      Registration    of    real    estate   in   townships 

of   the  first    class 1547-1549 

(d)  Appeals   from    assessments   by    townships 

and  tax  payers 1550-1553 

(e)  Collection   of   taxes 1554-1590 

(f)  Rebates    for    planting    trees    along    roads 

and   far   timber   laud,    1597-1600 


Sections 

(g)     Tax    liens 1607-1638 

Chapter  XXXI.     Indebtedness,    Finance,    Sinking  Fund 1639-1674 

(a)  Constitutional  Limitation  on  township  in- 

debtedness     1639-1643 

(b)  Procedure  to  incur  or  increase  township 

indebtedness 1644-1653 

(c)  Certain  bonds  not  to  be  a  debt  of  town- 

ship     1654-1658 

dl)     Bond  issues  to  redeem  existing  issues,  .  .    1659-1661 

(e)  Townships  nol   to  become  stockholders  in 

corporations,   etc.,   nor  loan   credit,    .  .     1662 

(f)  Bonds  issued  to  be  sold  to  highest  respon- 

sible   bidder,     1663 

(g)  Township   bonds   subject    to    taxation    for 

State  purposes 1664-1667 

(li)      Constitutional  prohibition  on  assumption 

of  township  debt  by  Commonwealth,  .  .     1668 

(i)     Transfer  of  municipal  securities,    1669-1673 

(j)  Townships  to  receive  part  of  State  tax  on 
premiums  of  foreign  fire  insurances  com- 
panies,         1674 

Chapter  XXXII.     Collection   of  Municipal  Claims,    1675-1725 

( ihapter        XXXIII.     Roads,    Highways    and    Bridges 1726-1924 

(a)  Proceedings  by  viewers  to  lay  out,  open, 

widen,  straighten,  and  vacate,  and  to 
fix  the  site  of  public  roads  and  bridges. 
Reviewers  and  re-reviewers 1726-1760 

(b)  Damages  for  laying  out  roads  in  special 

townships.  General  road  law  to  apply 
when  special  laws  repealed.  Review  of 
proceedings,     1761-1767 

(c)  Private  roads, 1768-1775 

(d)  Roads   on    State   boundaries 1776 

(e)  Vacation   and   changing  of   roads 1777-1795 

(f)  Altering  and  widening  of  township  roads 

connecting  municipal  corporations  or 
parts    thereof,    1796 

(g)  Alteration,     relocation     and     vacation     of 

roads     leading     to     parks     and     public 

grounds  vested  in  the  State,   1797-1801 

(h)  County  commissioners  authorized  to  lo- 
cate, lay  out,  straighten,  widen,  extend, 
alter,  open,  vacate,  and  repair  certain 
township  roads,   1S02-1806 

(i)      County    to    erect    barriers    on    roads    at 

dangerous   places 1807 

(j)  County  and  township  to  pay  one-half  of 
the  cost  of  improvement  of  roads  form- 
ing dividing  line  between  city  and  town- 
ship located  in  another  county,    1808-1810 

(k)  Township  authorized  to  assist  counties  in 
the    construction    and    maintenance    of 


8 


Sections 

county   highways 1811-1814 

(1)      Turnpikes,   plank  roads  and  toll   bridges,    1815-1819 

(m)      State  highways 3820-1830 

(n)      State-aid   highways 1831-1846 


Chapter 
Chapter 

Chapter 


XXXIV. 
XXXV. 

XXXVI. 


Chapter  XXXVII. 

Chapter  XXXVIII. 

Chapter  XXXIX. 

Chapter  XL. 


Chapter 

XLI. 

( Chapter 

XLII. 

Chapter 

XLIII. 

Chapter 

XLJV. 

Chapter 

XLV. 

(o)  County  and  township  payments  for  im- 
provement and  maintenance  of  .State 
and   Slate-aid   highways.      Incurring  of 

indebtedness,     1847-1849 

(p)      Closing  of  highways  to  travel.  Detours.  .  .  1850-1851 

(q)      Water  troughs  along  highways 1852-1855 

(r)      Defacing  sign  or  index  hoards 1856-1857 

(s)     Throwing  glass  upon  highways 1858-1859 

(t)      Use  of  convict  labor  on  roads 1860-1869 

(u)      Division   of   township   highways   of   State 

Highway  I  >epartment 1870-1882 

(v)      Bridges 1883-1924 

Sidewalks,    1925-1931 

Sewers    and    Drains,     1932-1934 

Motor   and   Other   Vehicles,    1935-1958 

(a)  Motor   vehicles,    1935-1951 

(b)  Regulations  for  vehicles  other  than  motor 

vehicles 1952-1958 

Fences,   1959-1970 

Strays, 1971-1980 

Canada  Thistles,    1987-1989 

Public   Buildings   and    Works,    1990-2008 

(a)  State  Art  Commission, 1990-1996 

(b)  Work  on  public  buildings  to  be  done  with- 

in   township,    1997-1998 

Of)  Contractors  to  accept  provisions  of  Work- 
men's  Compensation    Act,    1999-2001 

(d)  Contractors    to    furnish    bond    to    secure 

payment  of  labor  and  material, 2002-2003 

(e)  Township  commissioners  may  make  regu- 

lations governing  construction  or  repair 

of  all  buildings,   2004 

(f)  Citizens  only  to  be  employed  in  work  on 

public  buildings,    2005-2006 

(g)  Displaying  flags  on  public  buildings 2007-2008 

Water  Supply,   2009-2011 

Public  Libraries,    2012-2040 

Playgrounds,      Playfields,      Gymnasiums,      Public 

Baths,    Swimming    Pools,    Indoor    Recreation 

Centers    and    Forests 2041-2051 

Acquisition  of  Land  for  Use  of  National  Guard,  2052-2053 

Public  Health,   2054-2104 

(a)  Boards    of    Health    in    townships    of    the 

first   .class 2054-2066 

(b)  Quarantine    regulations,     2067-2092 

(c)  Maintenance  of   quarantined    persons,    .  .  2093-2097 


9 


Sections 

(d)  Bone  boiling  establishments,  depositories 

of  dead  animals, 2098 

(e)  Rubbish  and  waste  materials jo'.iii 

(f)  Spitting  in  public  places 2100-2104 

Chapter  XLVJ.      Licenses   and  License   Fees 2105-2112 

Chapter  XLVI1.     Cemeteries  and  Burial  Grounds 2113-2122 

(a)  Changing  location  of  cemeteries.    Removal 

of  bodies 2113-2116 

(b)  ('are  of  neglected  cemeteries  by  township 

supervisors -\  17-211!) 

(<■)     Care  of  neglected  cemeteries  1>.>   oversi  ers 

of  poor 2120-2122 

Chapter       XLVIII.     Actions    by    and    against    Townships 2123-2130 

(a)  Affidavits  of  d<  fense, 21:::: 

(b)  [Tiling     of     judgments     obtained     before 

justices    and    aldermen 2124-2127 

(c)  Actions  on  surety  company  bonds 2128-2130 

Chapter  XLIX.     Penal   Provisions.     Commitments.      Prison 2131-2146 

(a)  Illegal  use  of  public  money 2131-2132 

( b)  Embezzlement,    2133-2135 

(<■)      Public  contracts 2136-2137 

(4)     Offenses  against  the  cum  ncy 2138 

(e)  Public  accounts 2139-2140 

(f)  False  statements,   21 11-21  13 

(g)  Use  of  township  lockups, 2144-2145 

(h)      Maintenance  of  prisoners 2146 

( 'hapter  L.     Bureau  of  Municipalities,   2147-2149 


10 


THE  GENERAL  TOWNSHIP  ACT 

Approved  July  14,  1917,  P.  L.  840 
AN    ACT 

Concerning   townships ;   and  revising,  amending,  and  consolidating 

the  law  relating  thereto. 

CHAPTER  I 

PRELIMINARY  PROVISIONS. 
ARTICLE  I. 

Section  1.  Be  it  enacted,  &c,  That  this  act  shall  be  known,  and 
may  be  cited,  as  "The  General  Township  Act."  This  act  shall  take 
effect  on  the  first  day  of  July,  one  thousand  nine  hundred  and  seven- 
teen. 

Section  2.  This  act  does  not  include  any  provisions,  and  shall 
not  be  construed  to  repeal  any  acts,  relating  to — 

(a)  The  procedure  for  the  collection  of  municipal  claims  by  liens. 

(b)  The  amount  and  method  of  incurring  or  increasing  bonded 
indebtedness. 

(c)  Election  officers  and  conduct  of  elections. 

(d)  Poor  districts. 

(e)  Boards  of  health. 
If)     Common  schools. 
(g)     Constables. 

(h)     Justices  of  the  peace. 

(i)  The  giving  of  municipal  consent  to  public  service  corpo- 
rations. 

(j)      State  roads,  State-aid  roads,  and  private  roads. 

(k)  Validations  of  elections,  bonds,  ordinances,  and  acts  of  cor- 
porate  officers. 

Section  3.  The  provisions  of  this  act  so  far  as  they  are  the  same 
as  those  of  existing  laws  are  intended  as  a  continuation  of  such  laws 
and  not  as  new  enactments.  The  repeal  by  this  act  of  any  Act  of 
Assembly  or  part  thereof  shall  not  revive  any  act  or  part  thereof 
heretofore  repealed  or  superseded,  nor  affect  the  existence  or  class  of 
any  township  heretofore  created.  The  provisions  of  this  act  shall 
not  affect  any  act  done,  liability  incurred  or  right  accrued  or  vested, 
or  affect  any  suit  or  prosecution,  pending  or  to  be  instituted,  to  en- 
force any  right  or  penalty  or  punish  any  offense  under  the  authority 


11 

of  such  repealed  l;i\vs.  All  ordinances,  regulation,  and  rules,  made 
pursuant  to  any  acl  of  Assembly  repealed  by  this  act,  shall  continue 
with  the  same  force  and  effed  as  if  such  acl  had  qo1  been  repealed. 
Any  person  holding  office  under  any  acl   of  Assembly  repealed   by 

this  act  shall  continue  to  hold  such  office  until  the  expiration  of  the 
term  thereof,  subject  to  the  conditions  attached  to  such  office  prior 
to  the  passage  of  this  act- 
Section  1.  The  provisions  of  this  act  shall  he  severable,  and  if  any 
of  the  provisions  shall  he  held  to  he  unconstitutional  such  decision 
shall  not  affect  the  validity  of  any  of  the  remaining  provisions  of 
this  act. 

Section  o.  Whenever,  in  this  act,  reference  is  made  to  any  act  by 
title,  such  reference  shall  also  apply  to  and  include  any  codification 
wherein  the  provisions  of  the  net  referred  to  are  substantially  re- 
enacted. 

Section  6.  This  net,  in  SO  far  as  it  relates  to  townships  of  the 
first  (dass,  shall  apply  to  all  such  townships  within  the  Common- 
wealth ;  and  in  so  far  as  it  relates  to  tonships  of  the  second  (dass. 
shall  apply  to  all  such  townships  within  the  Commonwealth. 

Section  7.  Whenever  any  township  of  the  second  class  is  desig- 
nated a  township  of  the  first  class,  or  whenever  any  township  of  the 
first  (dass  is  re-established  as  a  township  of  the  first  class,  or  when- 
ever any  township  is  divided,  all  liabilities,  incurred  rights,  accrued 
or  vested,  obligations  issued  or  contracted,  and  all  suits  and  prose- 
cutions pending  or  to  be  instituted  to  enforce  any  right  or  penalty 
accrued,  or  punish  any  offense  committed,  prior  to  such  change  of 
(lass  or  division,  and  all  ordinances,  shall  continue  with  the  same 
force  and  effect  as  if  no  such  change  or  division  had  been  made. 

Section  8.  Excepl  so  far  as  modified  by  the  provisions  of  this  act, 
all  existing  laws  in  force  prior  to  the  twenty-eighth  day  of  April, 
one  thousand  eight  hundred  ninety-nine,  relating  to  townships,  shall 
continue  in  force  as  to  either  (dass  of  townships,  in  the  same  manner 
as  prior  to  the  passage  of  this  act.  All  laws  adopted  subsequent  to 
said  date,  not  modified  by  this  act,  shall  remain  in  force  in  the  same 
manner  as  prior  to  the  passage  of  this  act. 

Drafted  from  Sec.  3,  Act  of  April  28,  1899,  P.  L.  104.  The  last  paragraph 
and  the  clause  "in  force  prior  to  the  twenty-eighth  day  of  April,  one  thou- 
sand eight  hundred  ninety-nine,"  are  new. 

Section  9.  This  ad  does  not  provide  a  complete  system  for  the 
assessment  and  collection  of  township  taxes.  All  acts  and  parts  of 
acts  relating  to  taxation  in  townships,  in  force  prior  to  the  passage 
of  this  act,  which  are  not  re-enacted  or  specifically  repealed  by  this 
act,  shall  remain  in  force  as  to  either  class  of  townships  in  the  same 
manner  as  prior  to  the  passage  of  this  act. 


12 


CHAPTER  II 

CLASSIFICATION  OF  TOWNSHIPS. 
ARTICLE  I. 

Section  15.  The  townships  now  in  existence  and  those  to  be  here- 
after created  are  divided  into  two  classes.  Those  townships  having 
a  population  of  at  least  three  hundred  inhabitants  to  the  square  mile 
shall  be  townships  of  the  first  class.  All  other  townships  shall  be 
townships  of  the  second  class. 

Drafted  from  part  of  Sec.  1,  Act  of  May  29,  1907,  P.  L.  305,  amending 
Sec.  1,  Act  of  April  28,  1899,  P.  L.  104  as  amended  by  Act  of  May  11,  1901. 
P.  L.  160  and  April  1,  1905,  P.  L.  97.  The  first  three  lines  of  the  original 
act,  which  gave  notice  of  the  purpose  and  intent  of  the  classification  of 
townships,  have  been  omitted. 

Section  16.  Townships  of  the  first  class  shall  include  all  town- 
ships heretofore  designated  as  townships  of  the  first  class  by  the 
county  commissioners  of  the  several  counties,  under  the  provisions 
of  an  act,  entitled  "An  act  to  provide  for  the  classification  of  the 
townships  of  the  Commonwealth,  with  respect  to  their  population, 
into  two  classes,  and  to  prescribe  the  form  of  government  for  town- 
ships of  each  class,"  approved  the  twenty-eighth  day  of  April,  one 
thousand  eight  hundred  and  ninety-nine,  and  the  several  amend- 
ments thereto,  and  which  are  now  governed  as  such;  and  also  all 
townships  having  the  requisite  population,  as  provided  by  section 
fifteen  of  this  act,  which  shall  hereafter  be  designated  as  townships 
of  the  first  class  under  the  provisions  of  this  act.  All  other  town- 
ships now  in  existence,  or  hereafter  erected  or  created  under  the 

provisions  of  this  act,  shall  be  townships  of  the  second  class. 

This  section  is  new  and  was  inserted  to  assure  the  application  of  the  act 
to  all  townships  of  the  Commonwealth. 


13 
CHAPTER  III 

CREATION  OF  TOWNSHIPS. 

For  other  provisions  relating  to  this  subject  see  appendix,  Chapter  XXIV, 

Sec.   1503. 

ARTICLE  I. 

ERECTION  OF  TOWNSHIPS  OF  THE  SECOND  CLASS. 

Section  20.  The  courts  of  quarter  sessions  may,  upon  the  present- 
ation  of  a  petition,  erect  new  townships  of  the  second  class  out  of 
parts  of  two  or  more  townships,  so  as  to  suit  the  convenience  of  the 
inhabitants  thereof. 

Drafted  from  Sec.  13,  Act  of  April  15,  1834,   P.  L.  537,  but  limited  in 

drafting  to  the  erection  of  second  class  townships  only. 

Section  21.  Upon  application  by  petition  to  the  court  for  the 
purpose  of  erecting  a  new  township  of  the  second  class,  the  court 
shall  appoint  three  impartial  men  to  inquire  into  the  propriety  of 
granting  the  prayer  of  the  petition.  The  commissioners  so  appointed, 
or  any  two  of  them,  shall  make  a  plot  or  draft  of  the  township  pro- 
posed to  be  erected,  if  the  same  cannot  be  fully  designated  by 
natural  lines  or  boundaries;  all  which  they,  or  any  two  of  them, 
shall  report  to  the  next  court  of  quarter  sessions,  together  with  their 
opinion  of  the  same.  At  the  term  following  the  one  at  which  the  re- 
port was  made,  the  court  shall  make  such  order  thereupon  as  shall 
lie  just  and  reasonable. 

Drafted  from  Sec.  14,  Act  of  April  15,  1834.  P.  L.  537.  The  words  "of 
the  second  class"  are  new. 

Section  22.  Whenever  commissioners  appointed  under  the  twenty- 
first  section  of  this  act  shall  report  unfavorably  to  the  erection  of  a 
new  township,  the  court  shall  direct  a  second  commission  or  review 
for  the  same  purposes,  on  the  petition  of  a  majority  of  the  voters  of 
the  townships  affected  by  said  proceedings.  Such  petition  shall  be 
presented  to  the  court  at  or  before  the  second  term  thereof  after  the 
final  confirmation  of  the  report  of  the  first  commission. 

Drafted  from  Sec.  1,  Act  of  April  26,  1864,  P.  L.  489  supplementing  Sec. 
14,  Act  of  1834  from  which  sections  20  and  21  were  taken.  The  draft  was 
restricted  t«  cases  where  unfavorable  report  is  made. 

Section  23.  When  a  return  has  been  made  by  commissioners  ap- 
pointed under  the  twenty- first  section  of  this  act  favorable  to  the 
erection  of  a  new  township,  the  court  shall  order  a  vote  of  the  quali- 


14 

fled  electors  of  the  township  from  which  the  largest  number  of  tax- 
ables  to  be  embraced  in  the  proposed  new  township  is  to  be  taken, 
and  also  of  the  qualified  electors  outside  of  such  township  residing 
within  the  bounds  of  the  proposed  new  township,  to  be  taken  on 
the  question  of  the  erection  of  a  new    township. 

Drafted  from  Sec.  1,  Act  of  April  24,  1857,  P.  L.  304. 

Section  24.  The  court  shall  fix  a  day  upon  which  the  eleetion  of- 
ficers of  the  township,  from  which  the  largest  number  of  taxables  to 
be  embraced  in  the  proposed  new  township  is  to  he  taken,  shall  hold 
an  election  at  the  place  fixed  by  law  for  holding  township  elections 
in  said  township,  which  election  shall  be  governed  by  the  laws  of 
this  Commonwealth  relating  to  township  elections.  The  ballots  for 
said  election  shall  be  in  the  form  prescribed  by  the  general  election 
laws.  At  such  election  all  qualified  electors  residing  within  the 
districts  mentioned  in  section  twenty-three  of  this  act  may  vote. 

Drafted  from  part  of  Sec.  2,  Act  of  April  24,  1857,  I'.  L.  304.  The 
clause  providing  for  the  form  of  the  ballot  is  new.  Sec.  3,  Act  of  April  24. 
1857,  prescribed  a  form  of  ballot  but  under  the  decision  in  McLaughlin  vs. 
Summit  Hill  Borough,  224  P(l-  425-,  such  ballots  should  be  prepared  under 
the  Act  of  April  29,  1903,  P.  L.  338. 

Section  25.  The  constable  of  the  township  in  which  the  election 
is  to  be  held,  or,  if  there  be  no  constable,  then  one  of  the  supervisors 
or  commissioners  designated  by  the  court,  shall  give  at  least  fifteen 
days'  notice  of  the  time  and  place  of  holding  said  election,  by  posting 
not  less  than  six  written  or  printed  handbills  in  public  places  in  each 
of  the  townships  which  are  to  he  divided  by  the  formation  of  the  new 
township. 

Drafted  from  part  of  Sec.  2,  Act  of  April  24,  1857,  P.  L.  304.  The  clause 
requiring  the  court,  in  certain  eases  to  designate  who  is  to  post  notices,  is 
new. 

Section  2G.  The  election  officers,  after  the  polls  have  been  closed, 
shall  count  the  ballots  and  certify,  before  noon  of  the  second  day 
following  such  election,  the  number  of  votes  for  and  against  a  new 
township,  to  the  clerk  of  the  court  of  quarter  sessions  of  the  county. 
The  clerk  shall,  after  filing  the  said  returns  in  his  office,  lay  the  same 
before  the  court  at  the  next  session.  If  it  shall  appear  that  a  ma- 
jority of  the  votes  so  taken  are  for  a  new  township,  the  court  shall 
thereupon  order  and  decree  a  new  township  agreeably  to  the  lines 
marked  out  and  returned  by  the  commissioners.  If  a,  majority  of 
the  votes  have  been  given  against  a  new  township,  no  further  ac- 
tion shall  be  had  upon  said  proceedings. 

Drafted  from  Sec.  4,  Act  of  April  24,  1857,  P.  L.  304,  although  the  provi- 
sion that  the  certification  must  be  made  before  noon  of  the  second  day  follow- 
ing the  election  was  in   that  section  "within  five  days  thereafter." 


15 

Section  -7.  When  any  township  of  the  second  class  i.,  erected 
under  the  provision  of  lliis  article  the  court  of  quarter  sessions  may 
authorize  the  citizens  of  the  new  township  to  hold  an  election  for 
all  township  officers,  upon  such  notice  and  for  such  terms,  not  in- 
consistent with  this  act,  :is  the  court  may  direct. 

Drafted  from  Sec  32,  Act  of  April  5,  1849,  P.  L.  555. 

Section  28.  Whenever  a  new  township  is  erected  by  uniting  parts 
of  two  or  more  adjoining  townships,  the  court  of  common  pleas  of 
■  lie  county,  sitting  in  equity  may,  upon  the  application  of  the  proper 
authorities  of  such  township  or  (townships,  by  a  suit  or  suits  in 
equity,  adjust  all  matters  of  indebtedness  between  the  said  old  town- 
ships and  the  said  new  township.  In  the  execution  of  any  decree  in 
any  such  suit  or  suits,  the  proper  officers  of  the  township  liable  to 
pay  may  levy  separate  rates  of  taxation,  if  necessary,  on  the  said 
parts  of  townships  so  erected  into  one. 

Drafted  from  part  of  Sec.  1,  Act  of  April  12,  1866,  P.  L.  109. 


10 


CHAPTER  III 

CREATION  OF  TOWNSHIPS. 

ARTICLE  II. 

Designation  of  Townships  of  the  First  Class. 

Section  30.  At  any  time,  not  less  than  one  year  before  the  time 
fixed  for  taking  a  decennial  census  of  the  United  States,  whenever 
the  owners  of  twenty-five  per  centum  of  the  assessed  valuation  of 
the  real  estate  of  any  township  of  the  second  class  shall  present  their 
petition  to  the  court  of  quarter  sessions,  averring  that  the  popula- 
tion of  the  township  is  'at  least  three  hundred  to  the  square  mile, 
; uid  shall  give  such  security  as  the  court  may  prescribe  for  the  pay- 
ment of  all  costs  and  expenses  which  may  be  incurred  in  any  pro- 
cedure had  upon  said  petition,  the  court  shall  appoint  a  commission- 
er to  make  an  enrollment  of  the  inhabitants  of  the  township.  The 
said  commissioner  shall  make  an  enrollment  of  the  inhabitants  of 
such  township,  and  make  report  thereof  to  the  court  at  the  next 
ensuing  term.  Upon  the  filing  of  the  report  the  same  shall  be  con- 
firmed nisi,  which  confirmation  shall  become  absolute  unless  ex- 
cepted to  within  twenty  days  thereafter,  during  which  time  notice 
of  the  said  filing  and  confirmation  shall  be  advertised  in  a  news- 
paper published  in  the  county  once  a  week  for  three  weeks.  If 
exceptions  are  filed  to  the  report  within  the  said  twenty  days,  the 
court,  upon  consideration  thereof,  shall  confirm  the  report  or  modify 
the  said  finding.  After  final  confirmation  the  clerk  of  the  court 
shall  certify  to  the  county  commissioners  the  population  of  the 
township,  as  shown  by  said  proceedings.  The  costs  and  expenses 
of  the  proceedings,  including  a  reasonable  fee  for  the  commissioner, 
shall  be  paid  by  the  petitioners  or  by  the  township,  or  partly  by 
each,  as  the  court  shall  direct. 

Drafted  from  the  second  part  of  Sec.  1,  Act  of  March  24,  1909,  P.  L.  56, 
amending  Sec.  2,  Act  of  April  28,  1899,  P.  L.  104. 

The  only  proper  relator  to  bring  action  of  mandamus  against  the  county 
commissioners  to  compel  them  to  declare  a  township  of  the  first  class  is  the 
district  attorney,  or  attorney  general,  and  an  assistant  cannot  act  for  the 
district  attorney.  Proper  form  of  prayer  would  be  for  mandamus  to  perform 
tin-  duty  of  ascertainment  of  population  as  preliminary  to  proclamation: 
Commonwealth  v.  County  Commissioners,  85  Luz.  319. 

Section  31.  In  addition  to  the  procedure  provided  by  section 
thirty  of  this  act,  the  county  commissioners  of  each  county  shall, 
following  each  decennial  census  of  the  United  States,  ascertain  from 


17 

such  census  whether  any  township  in  the  county  lias  a  population 
of  three  hundred  inhabitants  to  the  square  mile.  Before  the  lirst  day 
of  January  following  the  ascertainment  <>f  the  population  by  the 
decennial  census  of  the  United  States,  the  county  commissioners 
shall,  by  proclamation,  designate  the  townships  of  the  lirst  class,  if 
any  have  the  required  population.  By  proclamation,  to  be  issued 
prior  to  the  first  day  of  January  of  each  of  the  intervening  years, 
the  county  commissioners  of  each  county  shall  designate  the  town 
ships,  if  any.  which  have  been  ascertained  to  come  within  the  said 
conditions  under  the  procedure  provided  in  section  thirty  of  this 
act,  and  to  be  townships  of  the  first  class.  All  proclamations  by 
the  county  commissioners  shall  be  advertised  in  two  oewspapers 
published  in  the  county.  The  cos!  of  the  advertisement  of  any  such 
proclamation  shall  he  paid  by  the  township. 

Drafted  from   the  lirst  part  of  Sec.  1,  Act  of  March   24,   1909,   I'.   L.  56, 
amending  Sec.  1,  Act  of  April  28.  1899,  P.  L.  104. 

Section  32.  In  all  townships  designated  as  townships  of  the  first 
class  the  officers  provided  for  by  this  act  for  townships  of  the  first 
class  shall  he  chosen  at  the  municipal  election  then  next  ensuing,  as 
provided  in  chapter  five,  article  one  of  this  act  in  such  cases,  and  the 
township  government  constituted  by  this  act  for  townships  of  the 
first  class  shall  go  into  force  on  the  first  Monday  of  January  next 
ensuing  said  election.  At  such  time  all  officers  provided  for  town- 
ships of  the  second  class  shall  cease  to  exist  in  such  township,  and 
the  terms  of  the  officers  then  in  office  shall  expire. 

Drafted  from  parts  of  Sees,  l'  and  4,  Act  of  April  28,  1899,  P.  L.  104. 

Section  33.  The  court  of  quarter  sessions  upon  petition,  may 
divide  any  township  of  the  first  class,  heretofore  or  hereafter  created, 
into  wards,  erect  any  wards  out  of  two  or  more  adjoining  wards 
or  parts  thereof,  divide  any  wards  already  erected  into  two  or  more 
wards,  or  alter  the  lines  or  honndaries  of  any  two  or  more  adjoining 
wards,  and  may  cause  lines  or  boundaries  of  wards  to  be  fixed  and 
established. 

The  petition  provided  for  in  this  act  shall  be  signed  by  at  least 
twenty  free-holders,  residents  of  the  township  of  the  first  class  or 
of  the  ward  or  wards  the  limits  of  which  it  is  proposed  to  change. 
Upon  tin1  presentation  of  the  petition,  the  court  shall  appoint  three 
impartial  men  as  commissioners  to  inquire  into  the  propriety  of  grant- 
ing the  prayer  of  the  petitioners.  The  commissioners,  or  any  two  of 
them  shall  make  a  report  to  the  next  term  of  the  court,  and  shall 
accompany  it  with  a  plot  showing  the  boundaries  of  the  township  of 
the  first  class  and  the  wards  before  and  after  the  proposed  change, 
whenever  the  same  cannot  be  fullv  designated  bv  natural  lines. 


18 

When  the  same  is  presented,  the  court  shall  confirm  the  report 
nisi,  which  confirmation  shall  become  absolute  unless  exceptions 
thereto  are  filed  within  thirty  days  after  such  confirmation  nisi.  The 
court  may  grant  a  review  if  in  its  opinion  a  better  adjudication  may 
thereby  be  secured.  If  no  exceptions  are  filed,  the  court  may  confirm 
the  report,  or  make  such  other  order  as  to  it  shall  be  deemed  proper. 
If  exceptions  are  filed,  the  court  shall  fix  a  time  for  hearing,  and 
thereafter  shall  enter  such  decree  as  to  it  shall  be  deemed  just  and 
proper. 

The  commissioners  appointed  under  the  provisions  of  this  act  shall 
receive  three  dollars  per  diem,  except  the  surveyor,  who  shall  receive 
five  dollars  per  diem.  Each  commissioner  shall  also  be  entitled  to 
mileage  at  the  prevailing  rate.  The  compensation  of  the  commission- 
ers and  mileage  shall  be  paid  by  the  township  in  all  cases  where  the 
prayer  of  the  petitioners  is  granted,  and  in  other  cases  shall  be  paid 
by  the  petitioners. 

(Amendment  of  April  20,  1921,  P.  L.  186,  Sop.  1).     This  section  is  new. 

Section  34.  In  all  townships  of  the  first  class  now  in  existence 
which  are  divided  into  election  districts,  the  election  districts  as  now 
established  shall  constitute  the  wards  of  the  township  of  the  first 
class  without  any  proceedings  for  the  creation  of  such  wards,  and 
the  wards  so  established  may  be  changed,  divided,  or  altered,  and 
the  lines  and  boundaries  thereof  fixed  and  established,  from  time  to 
time,  as  provided  in  this  act. 

Each  ward  of  each  township  of  the  first  class  as  established  by  this 
act,  and  each  ward  which  shall  hereafter  be  created  in  any  township 
of  the  first  cass  under  the  provisions  of  this  act,  shall  constitute  an 
election  district.  The  court  of  quarter  sessions  may,  from  time  to 
time,  divide  any  such  ward  into  two  or  more  election  districts  so  as 
to  suit  the  conveniences  of  the  electors  thereof. 

The  wards  of  townships  of  the  first  class  which  are  created  by  this 
act  shall  be  numbered  in  the  same  manner  as  the  election  districts  are 
now  numbered.  In  case  any  township  of  the  first  class  is  hereafter 
divided  into  wards,  or  in  any  case  where  any  ward  in  any  township 
of  the  first  class  shall  be  created,  divided,  or  altered,  the  court  shall 
in  its  decree  fix  the  number  of  the  wards  of  such  township  of  the 
first  class. 

(Amendment  of  April  20,  1921,  P.  L.  186,  Sec.  1).     This  section  is  new. 

Section  2,  Act  of  June  28,  1917,  P.  L.  647,  provides  as  follows :  "After 
the  passage  of  this  act,  upon  application,  the  court  of  common  pleas  of  the 
proper  county  shall  number  all  election  districts  not  numbered  in  townships 
of  the  first  class,  and  cause  the  same  to  be  certified  to  the  County  Commis- 
sioners." 


I!) 


CHAPTER  III 

CREATION  OF  TOWNSHIPS. 
ARTICLE  III. 

Re-Establishment  of  Townships  of  the  Second  Class. 

Section  35.  At  any  time,  not  less  than  two  years  before  the  time 
fixed  for  taking  a  decinnal  census  «>f  the  United  States,  whenever 
twenty  or  more  freeholders  residing  in  any   township  of  the   first 

class  shall  present  their  petition  to  the  court  of  quarter  sessions, 
averring'  thai  the  township  no  longer  has  a  population  of  three 
hundred  to  the  square  mile,  and  shall  give  sucii  security  ;is  the  court 
may  prescribe  for  the  payment  of  all  costs  and  expenses  which  may  he 
incurred  in  any  proceedings  had  upon  said  petition,  the  court  shall 
appoint  a  commissioner  to  make  an  enrollment  of  the  inhabitants 
of  the  township.  The  commissioner  shall  make  an  enrollment  of  tin- 
inhabitants  of  such  township,  and  make  report  thereof  to  the  court 
at  the  next  ensuing  term.  Upon  the  filing  of  the  report  the  same 
shall  be  continued  nisi.  This  confirmation  shall  become  absolute 
unless  excepted  to  within  twenty  days  thereafter,  during  which 
time  notice  of  the  said  filing  and  confirmation  shall  be  advertised, 
once  a  week  for  three  weeks,  in  a  newspaper  published  within  the 
county,  in  general  circulation  in  the  district  to  be  affected.  If 
exceptions  are  filed  to  the  report  within  said  twenty  days,  the  court 
upon  consideration  thereof,  shall  confirm  the  report  or  modify  the 
finding.  After  final  confirmation  the  clerk  of  the  court  shall  certify 
to  the  county  commissioners  and  to  the  township  commissioners  the 
finding,  as  shown  by  the  proceedings.  The  costs  and  expenses  of  the 
proceedings,  including  a  reasonable  fee  for  the  commissioner,  shall 
be  paid  by  the  petitioners  or  by  the  township,  or  partly  by  each,  as 
the  court  shall  direct. 

Drafted  from  Sec.  1.  Act  of  March  14.  1005.  P.  L.  36. 

Section  36.  The  county  commissioners  in  every  county  of  the 
Commonwealth  shall,  by  proclamation  issued  prior  to  the  first  day 
of  -January  of  each  year,  designate  the  townships,  if  any,  which, 
since  the  last  preceding  proclamation,  have  been  ascertained  to  have 
less  than  three  hundred  inhabitants  to  the  square  mile  and  to  be 
townships  of  The  second  class.  Iu  all  townships  so  designated  the 
officers  provided  by  this  act  for  townships  of  the  second  class  shall 
be  chosen  at  the  municipal  election  then  next  ensuing:  and  the 
township  government  constituted  by  this  act  for  townships  of  the 
second  class  shall  go  into  force  on  the  first  Monday  of  December  next 
ensuing  such  election. 

Drafted  from  Sec.  2,  Act  of  March  14,  1905,  P.  L.  36. 


20 


CHAPTER  III 

CREATION  OF  TOWNSHIPS. 

ARTICLE  IV. 
DIVISION   OF  TOWNSHIPS. 

(a)     By  Petition,  Appointment  of  Commissioners,  and  Election. 

Section  40.  The  courts  of  quarter  sessions  may,  upon  the  present- 
ation of  a  petition  and  the  bond  required  by  section  fifty-five  of  this 
act,  divide  any  township  of  the  first  or  second  class  so  as  to  suit 
the  convenience  of  the  inhabitants  thereof. 

Drafted  from  Sec.  13,  Act  of  April  15,  1834,  P.  L.  537. 

Section  41.  Upon  application  by  petition  to  the  court,  for  the 
purpose  of  dividing  any  township  of  the  first  or  second  class,  the 
said  court  shall  appoint  three  impartial  men  to  inquire  into  the 
propriety  of  granting  the  prayer  of  the  petition.  The  commissioners 
so  appointed,  or  any  two  of  them,  shall  make  a  plot  or  draft  of  the 
township  proposed  to  be  divided,  and  the  division  line  proposed  to 
be  made  therein,  if  the  same  cannot  be  fully  designated  by  natural 
lines  or  boundaries;  all  which  they,  or  any  two  of  them,  shall  report 
to  the  next  court  of  quarter  sessions,  together  with  their  opinion  of 
Hie  same.  At  the  term  following  the  one  at  which  the  report  was 
made  the  court  shall  make  such  order  thereupon  as  shall  be  just 
and  rea  son  able. 

Drafted  from  See.  14,  Aet  of  April  15,  1834,  P.  L.  537.  ■ 

Section  42.  Whenever  commissioners  appointed  under  the  forty- 
first  section  of  this  art  shall  report  unfavorably  to  the  division  of 
any  township,  the  court  shall  direct  a  second  commission  or  review 
for  the  same  purposes,  on  the  petition  of  a  majority  of  the  voters  of 
the  township  affected  by  said  proceedings.  Such  petition  shall  be 
presented  to  the  court  at  or  before  the  second  term  thereof  after  the 
final  confirmation  of  the  report  of  the  first  commission. 

Drafted  from  Sec.  1,  Act  of  April  26,  1854,  P.  L.  489. 

Section  4.">.  Whenever  a  return  has  been  made  by  commissioners 
a]  (pointed  under  the  provisions  of  section  forty -one  of  this  act 
favorable  to  a  division,  the  court  shall  order  a  vote  of  the  qualified 
electors  of  said  township  to  be  taken  on  the  question  of  a  division 
thereof. 

Drafted  from  Sec.  1,  Act  of  March  14,  1857,  P.  L.  83. 


21 

Section  44.  The  court  shall  fix  a  day  upon  which  the  election 
officers  of  the  township  proposed  to  he  divided  shall  hold  an  election, 
;il  the  place  fixed  hy  law  for  holding  township  elect  ions,  which 
election  shall  he  governed  by  the  laws  of  this  Commonwealth  relating 
to  township  elections.  The  ballots  for  said  election  shall  he  in  the 
form  prescribed  hy  the  general  election  laws. 

Drafted  from  part  of  Sec.  2,  Acl  of  April  24,  L857,  I'.  J,.  304.  The  clause 
providing  for  the  form  of  the  ballot  is  new.  Sec.  •'!.  Act  of  April  2 1.  1857, 
prescribed  a  form  of  ballot  hut  under  the  decision  in  McLaughlin   v.  Summit 

Hill  Borough,  224  I'"-   'i'~>  such  ballots  should  he  prepared  under  the  Ad  of 
April  l^i),  1903,  1'.  L.  838. 

Section  45.  The  constahle  of  the  township,  or,  if  there  be  no 
constable,  then  one  of  the  supervisors  or  commissioners  designated 
by  the  court,  shall  give  at  least  fifteen  days'  notice  of  the  time  and 
place  of  holding  said  election,  by  posting  not  less  than  six  written 
or  printed  handbills  in  public  places  in  said  township. 

Drafted  from  part  of  Sec  2,  Act  <-f  Manch  14.  1857,  1'.  L.  !»:;. 

Section  4<i.  The  election  officers,  after  the  polls  have  been  closed. 
shall  count  the  ballots  and  certify,  before  noon  of  the  second  day 
following  such  election,  the  number  of  votes  for  or  against  a  division. 
to  the  clerk  of  the  court  of  quarter  sessions  of  the  country.  The 
clerk  shall,  after  filing  the  said  returns  in  his  office,  lay  the  same 
before  the  court  at  the  next  sessions.  If  it  shall  appear  that  a 
majority  of  the  votes  so  taken  are  for  a  division,  the  court  shall  there- 
upon order  and  decree  a  division  of  the  township  agreeably  to  the  lines 
marked  out  and  returned  by  the  commissioners.  If  a  majority  of 
votes  have  been  against  a  division,  no  further  action  shall  be  had 
upon  such  proceedings. 

Drafted  from  Sec.  4,  Act  of  March  14,  1857,  P.  L.  93. 
(b)      By  Petition  of  Property   Owners,   and   Election. 

Section  50.  Whenever  the  owners  of  twenty-five  per  centum  of  the 
assessed  valuation  of  the  real  estate  of  any  township  of  the  first  or 
second  class  shall  make  application  by  petition  to  the  court  of  quarter 
sessions,  setting  forth  that  the  convenience  of  the  inhabitants  of  such 
townships  will  be  promoted  by  a  division  thereof,  and  shall  in  said 
petition  accurately  describe  the  proposed  division  line  by  courses  and 
distances  or  natural  marks,  and  accompany  the  same  with  a  plot  or 
draft  showing  the  existing  lines  of  the  township  proposed  to  he 
divided  and  the  proposed  division  line,  the  court  shall  order  a  vote  of 
the  qualified  electors  of  the  township  to  be  taken  on  the  question  of 
such  division.  The  court  shall  fix  a  day  upon  which  the  election 
officers  of  the  township  proposed  to  be  divided  shall  hold  an  election, 


22 

at  the  place  fixed  by  law  for  the  holding-  of  township  elections,  which 
election  shall  be  governed  by  the  laws  relating  to  township  electons. 

Drafted  from  part  of  Sec.  1,  Act  of  April  22,  1905,  P.  L.  288. 

Section  51.  Tlie  constable  of  the  township,  or,  if  there  be  no 
constable,  then  one  of  the  supervisors  or  commissioners  designated 
by  the  court,  shall  give  at  least  fifteen  days'  notice  of  the  time  and 
place  of  the  holding  of  said  election,  by  posting  not  less  than  ten 
handbills,  written  or  printed,  in  public  places  in  said  township. 

Drafted  from  part  of  Sec  1,  Act  of  April  22.  1005,  P.  L.  288. 

Section  52.  The  ballots  to  be  deposited  by  the  electors  shall  be 
prepared  in  the  form  prescribed  by  the  general  election  law.  The 
officers,  after  the  polls  have  been  closed,  shall  count  the  ballots  and 
certify,  within  two  days  thereafter,  the  number  of  votes  for- and 
against  division,  to  the  clerk  of  the  court  of  quarter  sessions,  and 
shall  file  in  the  office  of  said  clerk  the  ballots  cast  at  said  election. 
The  clerk  shall  lay  said  returns  and  ballots  before  the  court  at  the 
next  session  thereof.  If  it  shall  appear  that  the  majority  of  the  votes 
so  taken  are  "for  division,"  the  court  shall  thereupon  order  arid 
decree  a  division  of  the  township  agreeably  to  the  lines  set  forth  in  the 
petition.  If  a  majority  of  votes  are  "against  division,"  no  further 
action  shall  be  had  upon  such  proceedings.  If  there  is  any  difficulty 
in  locating  the  division  line  described  in  the  petition  upon  the  ground, 
the  court  may  appoint  commissioners  for  that  purpose. 

Drafted  from  Sec.  2,  Act  of  April  22,  1905,  P.  L.  288. 

Cc)     Pay  of  Commissioners,  Surveyors,  Artists,  and  Chain-Carriers. 

Section  55.  The  pay  of  commissioners  appointed  to  divide  town- 
ships and  to  establish  township  division  lines  shall  be  three  dollars 
I -13.00  i,  the  pay  of  surveyors  or  artists  shall  be  five  dollars  ($5.00), 
and  the  pay  of  chain-carriers  shall  be  one  dollar  and  fifty-cents  ($1,- 
50  i,  for  each  day  necessarily  employed,  and  five  cents  per  mile  for 
each  mile  necessarily  traveled,  in  the  discharge  of  their  duties.  The 
same  shall  be  paid  by  the  county  at  the  time  of  .the  session  or 
term  of  court  to  which  their  report  is  rendered  and  tiled.  The 
petitioners  asking  for  their  appointment  shall  pay  the  same 
amount  into  the  county  treasury  in  all  such  cases  as  the  court,  by 
order,  may  direct.  The  court  shall  require  the  petitioners  to  file  a 
bond  with  their  petition  in  a  sufficient  sum  to  secure  the  payment 
of  the  same. 

Drafted  from   See.  1,  Act  of  April  4,  1907.   P.  L.  44,  and  Sec.  1,  Act  of 
May  8,  187G,  P.  L.  136. 


23 

(d)     Adjustment  of  Indebtedness. 

Section  <><>.  Whenever  ;i  township  of  the  lirst  or  second  class  has 
been  divided,  the  court  of  common  pleas  of  the  county  sitting  in 
equity  may,  upon  the  application  of  the  proper  authorities  of  said 
townships,  or  either  of  them,  l>y  a  suit  or  suits  in  equity,  adjusl  all 
matters  of  indebtedness  between  the  said  new  townships.  In  the 
execution  of  any  decree  in  any  such  suil  or  suits  the  proper  officers 
of  the  township  liable  to  pay  may  levy  separate  rates  of  taxation, 
if  necessary,  on  the  said  parts  of  townships  so  divided. 

Drafted  from  Sec.  1,  Act  of  April  12,  1866,  P.  L.  109. 

(e)     Organization  of  Townships  Formed  by  the  Division  of  a 

Township. 

Section  65.  All  townships  formed,  under  the  provisions  of  this 
article,  by  the  division  of  any  township  of  the  first  or  second  class, 
shall  he  townships  of  the  second  class.  The  part  of  the  township 
of  the  first  class  or  of  the  township  of  the  second  class,  as  the  case 
may  be,  remaining  after  such  division,  shall  remain  a.  township  of 
the  first  class  or  second  class,  as  the  case  may  be,  until  determined 
otherwise.  In  all  townships  so  formed  the  officers  provided  by  this 
act  for  townships  of  the  second  class  shall  be  chosen  at  the  next 
municipal  election  occurring  at  least  three  months  after  such  forma 
tion,  and  the  government  constituted  by  this  act  for  townships  of 
the  second  class  shall  go  into  force  on  the  first  Monday  of  December 
next  following  such  election. 

Tliis  section  is  new  and  was  inserted  to  fill  a  gap  which  seemed  to  be  in 

tin'  existing  law. 


24 


CHAPTER  III 

CREATION  OF  TOWNSHIPS. 

ARTICLE  V. 

CONSOLIDATION  OF  TOWNSHIPS. 

Section  GG.  Whenever  two  or  more  townships  of  the  same  class, 
situate  in  the  same  county,  shall  be  adjacent  to  each  other,  they  may 
be  consolidated  into  one  township.  Such  consolidation  shall  he 
made  under  the  following  conditions:  The  township  supervisors  or 
the  township  commissioners  of  the  respective  townships  may  of  their 
own  initiative,  or  shall  within  sixty  days  after  each  is  requested  in 
writing  by  at  least  twenty-five  qualified  electors  of  the  respective 
townships,  enter  into  a  joint  agreement  for  the  consolidation  of  such 
lownships  into  one  township.  The  joint  agreement  shall  set  forth 
the  name  of  the  new  township  and  the  territorial  boundaries  there 
of.  It  may  also  set  forth  such  terms  as  had  been  agreed  upon  for 
the  disposition  of  the  assets  of  each  of  the  townships  and  for  the 
liquidation  of  the  indebtedness  of  the  townships,  either  jointly, 
separately,  or  in  certain  defined  proportions,  and  the  adjusting  and 
paying  of  the  same  by  separate  rates  of  taxation  mi  all  property 
subject  to  taxation  within  the  boundaries  of  such  townships  res- 
pectively. 

(Amendment  of  May  16,  1921,  P.  L.  573,  Sec.  1.) 

This  entire  article  was  first  inserted  by  this  amendment. 

Section  67.  The  question  of  the  consolidation  of  such  townships 
shall  be  submitted  to  the  vote  of  the  qualified  electors  of  each  of 
the  townships  at  a  special  election  to  be  held  on  a  day  to  be  desi^ 
nated  in  the  joint  agreement.  Any  such  election  may  be  held  on  the 
day  of  any  general  or  municipal  election.  The  election  shall  be 
held  by  the  regular  election  officers  and  in  accordance  with  the  pro- 
visions of  the  law  regulating  elections.  Notice  of  each  election  shall 
be  given  by  proclamation  in  the  manner  prescribed  for  proclama- 
tions for  elections  of  township  officers.  The  question  to  be  sub- 
mitted to  the  electors  shall  be  submitted  in  the  form  and  in  the  man- 
ner provided  by  the  general  election  laws  for  the  submission  of 
similar  questions. 

If  the  majority  of  the  votes  cast  at  such  election  in  each  of  the 
lownships  is  in  favor  of  the  ratification  of  the  agreement,  that  fact 
shall  be  certified  to  the  supervisors  or  the  commissioners  of  the  res- 
pective fownships,  by  the  return  boards,  and  the  secretary  of  the  res- 


25 

pective   townships  shall   cause   the  same   io   be   entered    upon    the 
minutes  ami  upon  the  agreement. 

(Amendmenl  of  May  16,  1921,  I*.  L.  573,  Sec.  1.) 

Section  68.  The  agreement,  or  a  certified  copy  thereof,  shall  be 
filed  in  the  office  of  the  clerk  of  the  court  of  quarter  sessions  of  the 
proper  county.     Qpou  the  filing  thereof,  the  several  townships  shall 

be  consolidated  into  one  township  under  the  manner  set  forth  in 
the  agreement.  All  costs  and  expenses  incurred  in  such  consolida- 
tion, except  such  as  may  he  incurred  at  any  general  or  municipal 
election,  shall  he  paid  by  the  consolidated  township;  and.  in  case 
the  electors  shall  decide  against  any  such  consolidation,  such  costs 
and  expenses  shall  he  paid  in  equal  shares  by  the  townships  pro 
posed  to  be  consolidated. 

(Amendment  of  May  16,  1921,  P.  L.  r>73,  Sec.  1.) 

Section  (>!>.  After  such  consolidation  the  rights,  privileges  and 
franchises  of  each  of  the  townships,  and  all  the  property,  real,  per- 
sonal, and  mixed,  and  all  debts  due  on  whatever  account,  and  other 
things  in  action  belonging  to  each  of  such  township's,  shall  be  vested 
in  the  new  township.  The  title  to  real  estate  vested  in  either  of 
such  townships  shall  not  revert  or  be  in  any  way  impaired  by  reason 
of  such  consolidation.  All  rights  of  creditors  and  liens  shall  be 
preserved,  and  all  debts  and  liabilities  of  either  of  such  townships 
shall  attach  to  such  new  township  and  be  in  force  against  it.  in 
the  case  of  any  such  consolidation,  the  supervisors  or  the  Township 
commissioners  of  the  township  having  the  largest  population  shall 
constitute  the  supervisors  or  commissioners  of  the  new  township, 
and  such  officers  shall  remain  in  office  until  the  expiration  of  the 
respective  terms  for  which  they  were  elected.  As  vacancies  occur 
in  any  of  said  offices  by  the  expiration  of  their  terms,  such  vacancies 
shall  be  tilled  by  the  election  by  the  electors  of  the  consolidated 
township  of  supervisors  or  commissioners  in  the  same  manner  as 
is  now  provided  for  the  election  of  these  officers  in  accordance  with 
the  provisions  of  this  act. 

(Amendment  of  May  16,  1021.  P.  L.  ">73.  Sor.  1.) 


26 


CHAPTER  IV 

TOWNSHIP  LINES  AND  BOUNDARIES. 

ARTICLE  I. 

(a)     Altering  and  Ascertaining  Township  Lines  and  Boundaries. 

Section  70.  The  courts  of  quarter  sessions  may,  upon  the  pres- 
entation of  a  petition,  alter  the  Hues  of  any  two  or  more  adjoining 
townships  of  the  first  or  second  class  so  as  to  suit  the  convenience 
of  the  inhabitants  thereof,  and  cause  the  lines  or-  boundaries  of 
townships  to  he  ascertained  and  established. 

Drafted  from  Sec  13,  Act  of  April  15,  1834,  P.  L.  537. 

Section  71.  Upon  application  by  petition  to  the  court,  for  the 
purpose  of  altering  the  lines  of  any  township  or  of  ascertaining  and 
establishing  the  lines  or  boundaries  of  any  township,  the  court  shall 
appoint  three  impartial  men  to  inquire  into  the  propriety  of  grant- 
ing the  prayer  of  the  petition.  The  commissioners  so  appointed,  or 
any  two  of  them,  shall  make  a  plot  or  draft  of  the  lines  of  such  ad- 
joining townships  proposed  to  be  altered  or  of  the  lines  proposed 
to  be  ascertained  and  established,  if  the  same  cannot,  be  fully  desig- 
nated by  natural  lines  or  boundaries;  all  which  they,  or  any  two  of 
them,  shall  report  to  the  next  court  of  quarter  sessions,  together 
with  their  opinion  of  the  same.  At  the  term  following  the  one  at 
which  the  report  was  made  the  court  shall  make  such  order  there 
upon  as  shall  be  just  and  reasonable. 

Drafted  from  Section  14,  Act  of  April  15,  1834,  P.  L.  537. 

Section  72.  In  all  eases  where  commissioners  are  appointed  un- 
der the  seventy-first  section  of  this  act  the  court  shall  direct  a 
second  commission  or  review,  for  the  same  purposes,  on  the  petition 
of  a  majority  of  the  voters  of  the  township  or  townships  affected  by 
said  proceedings.  Such  petition  shall  be  presented  to  the  court  ;il 
or  before  the  second  term  thereof  after  the  final  confirmation  of  the 
report  of  the  first  commission. 

Drafted  from  Section  1,  Act  of  April  26,  1854,  P.  L.  489. 

Section  7.'!.  Whenever  the  boundaries  of  any  township  or  town- 
ships have  been  altered,  the  court  of  common  pleas  sitting  in  equity 
may,  upon  application  of  the  supervisors,  commissioners,  poor  au- 
thorities, or  school  directors,  of  any  such  township,  poor  district, 
or  school  district,  by  a   suit  or  suits   in   equity,   ad'jusl    lie  taxes, 


27 

debts,  and  expenses  for  road,  school,  and  poor  purposes  between  the 
several  townships  affected,  tn  the  execution  of  any  decree,  the 
officers  of  the  township,  poor  district,  or  Bchool  districl  liable  to 
i-.-n  may  levy  separate  rates  of  taxation,  if  necessary,  in  the  said 
parts  of  such  townships  so  affected. 

Drafted  from  Sees.  1  and  2,  Act  of  May  1,  1861,  P.  L.  539. 

(b)     Ascertaining  and  Establishing  Disputed  Lines  and  Boundaries 
rsetween  Townships  and  Townships  and  Municipalities. 

Section  80.  The  courts  of  quarter  sessions  may,  upon  the  pres- 
entation of  a  petition,  ascertain  ami  establish  disputed  lines  and 
boundaries  between  two  or  more  townships,  between  townships  and 
cities,  or  between  townships  and  boroughs. 

Drafted  from  Sec.  1,  Act  of  June  3,  1803,  P.  L.  2S4. 

Section  81.  Upon  application  by  petition  to  the  court,  for  the  pur- 
pose of  ascertaining  and  establishing  any  such  disputed  lines  or 
boundaries,  the  courl  shall  appoint  three  impartial  men.  one  of 
whom  shall  be  a  surveyor.  After  having  given  notice  to  parties 
interested,  as  directed  by  the  court,  the  commissioners  shall  view 
the  said  lines  or  boundaries.  The  commissioners,  or  any  two  of 
them,  shall  make  a  plot  or  draft  of  the  lines  and  boundaries  pro- 
posed to  be  ascertained  and  established,  if  the  same  cannot  be 
fully  designated  by  natural  lines  or  boundaries;  all  of  which  they. 
or  any  two  of  them,  shall  report  to  the  next  court  of  quarter  ses- 
sions, together  with  their  opinion  of  the  same.  At  the  term  follow- 
ing the  one  at  which  the  report  was  made  the  court  shall  make  such 
order  thereupon  as  shall  be  just  and  reasonable. 

Drafted  from  part  of  Sec.  2,  Act  of  June  3,  1893.  P.  L.  284. 

Section  82.  Any  person  interested  may  petition  the  coma  for 
a  review,  or  may  except  to  the  report  of  the  commissioners.  When 
matters  of  fact  are  in  dispute  the  court  may  frame  an  issue,  and 
certify  the  same  for  trial  to  the  court  of  common  pleas. 

Drafted  from  part  of  Sec.  2,  Act  of  June  3,  1893,  I'.  L.  284. 

Section  83.  Whenever  any  such  line  or  boundary  is  established 
the  court  shall  cause  the  same  to  he  marked  with  stone  monuments, 
placed  a1  intervals  not  exceeding  fifteen  hundred  feet:  ami  the 
expense  of  establishing  said  line  or  boundary  and  the  placing  of 
said  monuments,  when  approved  by  the  court,  shall'be  borne  equally 
by  the  municipalities  and  townships  interested,. 

Drafted  from  Sec.  4,  Act  of  June  3,  1893,  P.  L.  284. 


28 
(c)     Pay  of  Commissioners,  Surveyors,  Artists,  and  Chain-Carriers. 

Section  90.  The  pay  of  commissioners  appointed  to  run  town- 
ship lines  shall  be  three  dollars  (|3.00),  the  pay  of  surveyors  or 
artists  shall  be  rive  dollars  (f5.00),  and  the  pay  of  chain-carriers 
shall  be  one  dollar  and  fifty  cents  1 81.50  i,  for  each  day  necessarily 
employed,  and  five  cents  per  mile  for  each  mile  necessarily  traveled. 
in  the  discharge  of  their  duties.  The  same  shall  be  paid  by  the 
county  at  the  time  of  the  session  or  term  of  conrt  to  which  their 
report  is  rendered  and  filed.  The  petitioners  asking  for  their  ap- 
pointment shall  pay  the  same  amount  into  the  county  treasury,  in 
all  such  cases  as  the  court  by  order  may  direct.  The  court  shall 
require  the  petitioners  to  file  a  bond  with  their  petition,  in  a  suffi- 
cient sum  to  secure  the  payment  of  the  same. 

Drafted  from  Sec.  1.  Act  of  April  4.  1!X>7.  P.  L.  44.  Sec.  1,  Act  of  May 
S.  1876,  P.  L.  136,  and  Sec.  3.  Act  of  June  3,  1893,  P.  L.  1>4 

(d)      Centre   Line  of  Navigable   Stream   as   Boundary. 

Section  '. '.*>.  Whenever  any  township  of  the  first  or  second  class 
is  bounded  by  the  nearest  margin  of  any  navigable  stream,  and  the 
opposite  township,  borough,  or  city,  as  the  case  may  he.  is  also 
bounded  by  the  nearest  margin  of  the  same  stream,  the  middle  of 
such  stream  shall  be  the  boundary  between  such  townships,  town 
ship  and  borough,  or  township  and  city. 

Drafted  from  Sec.  1,  Act  of  May  24,  1887,  P.  L.  203. 


2«J 


CHAPTER  V 

ELECTION   OF   OFFICERS;  VACANCIES   IN  OFFICE. 

ARTICLE   I. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

(a)     General  Provisions. 

■:  l1'".    Xo  person  shall  he  eligible  to  any  office  in  any  town- 
ship of  the  first  class  unless  he  is  an  elector  of  the  township  for 
which  he  is  chosen. 

Drafted  from  Sec.  84,  Act  of  April  15.  1834.  P.  L.  g    7 

Section  101.     Officers  of  townships  of  the  first   class  shall   hold 
their  offices  until  their  successors  are  elected  and  qualified. 
Drafted  from  part  of  Sec  4.  Art  of  April  28,  1809,  P.  L.  104. 

8     Hon  L02.    The  electors  of  each  township  of  the  first  class  shall 
elect  (a>  at  least  five  township  commisfi  g,  or,  where  there  are 

more  than  five  election  districts  in  any  township,  then  as  many  - 
there  are  election  districts,  (b)  one  township  treasurer,  (c)  one 
township  ssor  and  two  assistant     ssessors.  and   (d)  three  town- 

ship auditors. 

This  section  is  new. 

(b)     Commissioners. 

Section  110.     At  the  municipal  election  in  the  year  one  thousand 
nine  hundred  and  twenty-one.  and  every  four  years  thereafter,  there 
shall  be  elected,  by  the  qualified  voters  of  each  even-numbered  ward 
of  townships  of  the  first  class,  one  township  commissioner,  who  o 
not  reside  in  the  ward  for  which  he  is  elected:  in  townships  of  the 
first  class,  having  five  or  less  wards,  the  number  of  commissioi 
of  such  township  shall  be  five.     The  remaining  number  of  commis- 
sioners to  which  the  said  township  is  entitled,  as  aforesaid,  including 
the  commissioners  now  holding  office  for  the  odd-numbered  wa 
of  the  said  township  shall  hold  over  and  continue  in  said  office  until 
the  first  Monday  in  January,  in  the  year  one  thousand  nine  hundred 
and  twenty-four.     At  the  township  election  to  be  held  on  the  first 
Tuesdav  following  the  first  Mondav  in  November,  in  the  vear  one 
thousand  nine  hundred  and  twenty-three,  and  every  four  vears  tie 
after,  the  qualified  voters  of  each  odd-numbered  ward  of  every  town- 
ship of  the  first  class  shall  eleet  one  commissioner,  who  need  not  re- 
side in  the  ward  for  which  he  is  elected ;  and  the  remaining  number 


30 

of  commissioners  to  which  the  said  township  is  entitled,  as  aforesaid, 
shall  at  the  same  time  be  elected  by  the  qualified  voters  of  the  whole 
township.  All  commissioners  hereafter  elected  shall  hold  office  for 
the  term  of  four  years. 

When  any  township  of  the  first  class  is  organized,  there  shall  be 
elected,  at  the  municipal  election  following,  one  township  commis- 
sioner from  each  ward,  who  need  not  reside  in  the  ward  for  which 
he  is  elected.  In  any  such  toAvnships  having  less  than  five  wards, 
the  number  of  township  commissioners  shall  be  five,  and  the  number 
of  commissioners  equal  to  the  difference  between  five  and  the  num- 
ber of  wards,  shall  be  elected  at  large.  At  such  election  the  town- 
ship commissioners,  elected  in  even-numbered  wards  shall  be  elected 
for  a  term  of  two  years,  and  the  township  commissioners  elected  at 
lar»c  and  in  odd-numbered  wards,  shall  be  elected  for  a  term  of  four 
years,  or  vice  versa,  as  the  case  may  be,  in  order  that  the  terms  may 
harmonize  with  the  elections  in  townships  organized  prior  to  the 
rassage  of  this  act. 

(Amendment  of  April  20.  1021.  P.  L.  186,  See.  2).  Sec  notes  to  section 
immediately  following.  The  purpose  of  this  amendment  was  to  provide 
for  the  election  of  township  commissioners  by  wards  instead  of  election  dis- 
tricts. Tn  this  manner  where  additional  election  districts  are  created,  the 
number  of  commissioners  will  not  be  increased. 

Section  110.  When  any  township  of  the  first  ciass  is  organized, 
there  shall  be  elected,  at  the  municipal  election  following,  one  town- 
ship commissioner  from  each  election  district,  who  need  not 
reside  in  the  election  district  for  which  he  is  elected.  In  any  such 
townships  having  less  than  five  election  districts,  the  number  of  town- 
ship commissioners  shall  be  five,  and  the  number  of  commissioners 
equal  to  the  difference  between  five,  and  the  number  of  election  dis- 
tricts, shall  be  elected  at  large.  At  such  election  the  toAvnship  com- 
missioners elected  in  even-numbered  districts,  shall  be  elected  for  a 
term  of  two  years,  and  the  township  commissioners  elected  at  large 
and  in  odd-numbered  districts  shall  be  elected  for  a  term  of  four  years. 
or  vice  versa  as  the  case  may  be,  and  in  townships  not  divided  into 
election  districts,  two  of  said  commissioners  shall  be  elected  for  a 
two  year  term,  and  three  for  a  four  year  term,  in  order  that  the 
terms  may  harmonize  with  the  elections  in  townships  organized  prior 
to  the  passage  of  this  act. 

(Amendment  of  April  20.  1021.  P.  L.  2S0.  Sec.  1).  Section  110  was 
amended  twice  by  the  legislature  of  1021.  This  section  as  orginally  passed 
was  drafted  from  Sec.  1,  Act  of  June  1,  1015,  P.  L.  684,  amending  Soc. 
1.  Act  of  April  28.  1800.  P.  L.  104.  The  act  of  June  1.  1015.  contained  the 
clause  "no  township  commissioner  shall  be  eligible  to  hold  any  other  town- 
ship office,"  and  this  clause  was  contained  in  this  same  section  as  orginally 
introduced  in  the  Legislature,  but  was  dropped  during  its  progress  through 
the  same  when  the  section  was  amended  in  committees  of  the  Senate. 


31 

Tin'  purpose  <>f  the  above  amendmenl   wns  to  provide  for  tin-  election  of 
commissioners  in  townships  oot  divided  into  election  districts. 

Section  111.  The  notice  of  any  primary  election,  or  nominating 
caucus,  convention,  or  meeting,  held  for  the  purpose  of  nominating 
candidates  for  the  office  of  township  commissioner,  and  the  notice 
of  any  election  of  township  commissioners,  shall  designate  for  what 
election  district  of  the  township  each  commissioner  is  to  be  nominated 
or  elected,  as  the  case  may  be.  In  case  any  one  or  more  of  the  town- 
ship commissioners  is  to  be  elected  by  vote  of  the  qualified  electors 
of  the  township  at  la  roe.  the  notice  shall  so  state.  The  ballots  to 
be  cast  at  any  election  for  township  commissioners  shall  designate, 
under  an  appropriate  heading,  the  candidate  for  the  office  of  town- 
ship commissioner  for  whom  the  qualified  electors  of  the  election 
district  are  entitled  to  cast  their  ballots,  and  under  an  appropriate 
heading  the  candidate  or  candidates  for  the  office  of  township  com- 
missioner which  are  to  be  elected  by  the  electors  of  the  township  at 
large. 

Drafted  from  Sec.  5,  Act  of  April  27,  1909.  P.  L.  187. 

(c)     Treasurer. 

Section  1.15.  At  the  municipal  election  in  the  year  preceding  the 
expiration  of  the  term  of  the  treasurer  now  in  office,  or  at  the  muni- 
cipal election  following  the  designation  of  a  township  of  the  first 
class,  and  at  the  municipal  election  every  four  years  thereafter,  the 
qualified  electors  of  each  township  of  the  first  class  shall  elect  a  town 
ship  treasurer.  The  township  treasurer  elected  under  this  section 
shall  hold  office  for  a  term  of  four  years  from  the  first  Monday  of 
January  next  following  his  election. 

The  same  person  may  hold  the  office  of  township  treasurer  and 
treasurer  of  the  school  board,  but  no  township  treasurer  shall  hold 
the  office  of  township  auditor. 

Drafted  from  part  of  See.  4.  Act  of  April  28,  1899.  P.  L.  104.  The 
second  paragraph  was  drafted  from  See.  1.  Act  of  May  13,  1915.  P.  L.  303. 
which  is  an  amendment  of  the  Act  of  April  28,  1899. 

Section  120.  At  the  municipal  election  following  the  designation 
of  a  township  of  the  first  class,  and  at  the  municipal  election  every 
four  years  thereafter,  the  qualified  electors  of  such  township  of  the 
first  class  shall  elect  a  township  assessor  and  an  assistant  township 
assessor.  The  township  assessor  and  assistant,  township  assessor 
elected  as  herein  provided  shall  hold  office  for  a  term  of  four  years 
from  the  first  Monday  of  January  next  following  their  election.  In 
each  township  of  the  first  class  where  the  term  of  the  township 
assessor  now  in  office  expires  on  the  first  Monday  of  January,  one 


32 

thousand  nine  hundred  and  twenty,  the  qualified  electors  of  such 
township  shall,  at  the  municipal  election  in  the  year  one  thousand 
nine  hundred  and  nineteen,  elect  une  township  assessor  and  one 
assistant  township  assessor,  who  shall  hold  office  for  terms  of  four 
years  each  from  the  first  Monday  of  January  succeeding  their 
election:  and  quadrennially  thereafter,  a  township  assessor  and  an 
assistant  township  assessor  shall  be  elected  for  terms  of  four  years 
each  from  the  tirst  Monday  of  .January  succeeding  their  election. 

In  each  township  of  the  first  class  where  the  term  of  the  township 
assessor  now  in  office  expires  on  the  first  Monday  of  January,  one 
thousand  nine  hundred  and  twenty-two,  the  qualified  electors  of  such 
township  shall,  at  the  municipal  election  in  the  year  one  thousand 
nine  hundred  and  nineteen,  elect  one  assistant  township  assessor, 
who  shall  hold  office  for  a  term  of  four  years  from  the  first  Monday 
of  January  succeeding  his  election;  and  biennially  thereafter,  at 
each  municipal  election,  the  qualified  electors  shall  elect  one  town- 
ship assessor  or  one  assistant  township  assessor,  as  the  case  may  be, 
for  a  term  of  four  years  from  the  first  Monday  of  January  succeeding 
his  election. 

It  is  the  intention  of  this  act  that  in  each  township  of  the  first 
class  there  shall  be  one  township  assessor  and  one  assistant  town- 
ship assessor,  in  addition  to  the  two  assistant  assessors  now  pro- 
vided for,  to  assist  in  the  valuation  of  real  estate  at  the  triennial 
assessment. 

The  compensation  of  the  assistant  township  assessor  shall  be  the 
same  as  now  provided  for  by  law  for  the  township  assessor,  and  shall 
be  paid  by  the  county. 

(Amendment  of  June  18,  1919,  P.  L.  501).  This  section  as  it  appeared 
before  amendment  was  drafted  from  Sec.  4,  Act  of  April  28,  1899,  P.  L.  104. 

The  amendment  provides  for  the  election  of  an  assistant  township  assessor 
for  a  term  of  four  years,  to  be  elected  quadrennialy. 

In  addition  to  the  township  assessor  and  assistant  township  assessor  elected 
under  this  section,  and  two  assistant  assessors  elected  under  Section  121, 
each  township  of  the  first  class  is  required  to  elect  assistant  assessors,  for 
election  purposes  usually  designated  registry  assessors.  See  the  Act  of 
June  16,  1891,  P.  L.  298  as  amended  by  Act  of  April  20,  1917,  P.  L.  87. 

Section  121.  In  all  townships  of  the  first  class  now  organized  the 
qualified  electors  shall,  at  the  municipal  election  preceding  the  ex- 
piration of  the  term  of  the  assistant  assessors  now  in  office,  and  at 
the  municipal  election  every  four  years  thereafter,  elect  two  citizens, 
resident  in  said  township,  to  be  assistant  assessors,  to  take  the  place 
of  those  whose  terms  expire  on  the  first  Monday  of  January  next 
following  such  election. 

In  all  townships  hereafter  designated  as  townships  of  the  first 
class  the  qualified  electors  of  such  township  shall,  at  the  municipal 


33 

election  next  following  such  designation,  elect  two  citizens,  resident 
in  said  township,  to  be  assistant  assessors. 

All  assessors  elected  under  the  provisions  of  this  section  shall  hold 
their  office  for  a  term  of  four  years  from  the  first  Monday  of  January 
next  following  their  election. 

The  election  of  assistant  assessors  provided  for  in  this  section 
shall  extend  only  to  the  election  of  assistant  assessors  for  the  valua- 
tion of  property  for  taxation,  and  shall  not  repeal  or  affect  the  pro- 
visions of  any  statute  providing  for  the  election  of  assistant  asses 
sors  for  the  performance  of  duties  relating  to  election.  The  assist- 
ant assessors  elected  under  this  section  shall  aid  the  township  asses- 
sor only  in  making  any  triennial  assessment  of  property  made  during 
their  respective  terms  of  office. 

Drafted  from  part  of  Sec.  1,  Act  of  April  23,  1903,  P.  L.  284.  The  last 
paragraph  of  the  soetion  w;is  drafted  from  Section  2,  Act  of  April  3,  1903, 
P.  L.  284.  See  notes  to  the  section  immediately  preceding.  Assistant  asses- 
sors for  the  performance  of  election  duties  are  provided  for  by  the  Aet  of 
.Tune  16,  1891,  P.  L.  298,  as  amended  by  Act  of  April  20,  1917,  P.  L.  87. 

(e)     Auditors. 

Section  125.  In  every  township  of  the  first  class  there  shall  be 
three  auditors,  who  shall  hold  their  office  for  a  term  of  four  years 
from  the  first  Monday  of  January  next  following  their  election. 
These  auditors  shall  be  elected  as  follows: 

In  townships  now  organized,  at  the  municipal  election  preceding 
the  expiration  of  the  term  of  any  of  the  auditors  now  in  office ;  and 
at  the  municipal  election  every  two  years  thereafter  the  qualified 
electors  of  each  township  of  the  first  class  shall  elect  one  or  two 
auditors,  as  the  case  may  be,  to  take  the  place  of  those  whose  terms 
expire  on  the  first  Monday  of  January  next  following  such  election. 

In  all  townships  hereafter  designated  as  townships  of  the  first 
elass,  the  qualified  electors  of  such  townships  shall,  at  the  municipal 
election  next  following  such  designation,  elect  three  auditors.  Two 
of  the  auditors  so  elected  shall  hold  office  for  a  term  of  four  years, 
and  one  for  a  term  of  two  years.  The  ballots  at  any  such  election 
shall  designate  the  term  for  which  each  auditor  is  elected.  At  each 
municipal  election  following  the  electors  of  such  township  shall  elect 
one  or  two  auditors,  as  the  case  may  be,  to  take  the  place  of  those 
whose  terms  expire  on  the  first  Monday  of  January  next  following 
tuch  election. 

No  auditor  shall  at  the  same  time  hold  the  office  of  constable. 

This  section  is  new,  but  embodies  the  provisions  relating  to  township 
auditors  found  in  Sec.  4,  Act  of  April  28,  1899,  P.  L.  304,  and  Sec.  1,  Act 
of  May  18,  1876,  P.  L.  179. 


34 
(f)     Vacancies  in  Office. 

Section  130.  When  a  vacancy  occurs  in  the  office  of  township 
commissioner  in  any  township  of  the  first  class,  by  reason  of  death, 
resignation,  removal  from  the  township,  or  otherwise,  the  court  of 
quarter  sessions,  upon  the  petition  of  ten  qualified  voters  of  the  dis- 
trict in  which  the  vacancy  occurs,  may  appoint  a  qualified  voter  of 
the  township  to  fill  such  vacancy.  If  such  petition  is  not  presented 
to  the  court  within  thirty  days  after  such  vacancy  occurs,  the  board 
of  township  commissioners  of  the  township  may  appoint  a  qualified 
voter  of  the  township  to  fill  the  vacancy.  In  either  event  the  person 
so  appointed  shall  hold  office  for  the  unexpired  term  of  the  person 
whose  place  he  is  appointed  to  fill. 

Drafted  from  Sec.  4,  Act  of  June  3,  1911,  P.  L.  628. 

Section  131.  The  board  of  township  commissioners  of  townships 
of  the  first  class  may  fill  any  vacancy  occurring  in  the  office  of  town- 
ship treasurer  by  death,  resignation,  removal  from  the  township,  or 
otherwise.  The  person  so  appointed  shall  hold  office  for  the  unex- 
pired term  of  the  person  whose  place  he  is  appointed  to  fill. 

Drafted  from  See.  3,  Act  of  June  3,  1911,  P.  L.  G28. 

Section  132.     When  a  vacancy  occurs  in  the  office  of  township 
auditor  in  any  township  of  the  first  class,  by  reason  of  death,  resig 
nation,  removal  from  the  township,  or  otherwise,  the  court  of  quarter 
sessions  shall  appoint  a  suitable  person  to  fill  such  vacancy  for  the 
unexpired  term  of  the  person  whose  place  he  is  appointed  to  fill. 

Drafted  from  Sec.  2.  Act  of  March  11.  1842.  P.  L.  62.  and  See.  83.  Act 
of  April  15,  1834.  P.  L.  537. 

Section  133.  Vacancies  in  the  office  of  assessor  or  assistant  as- 
sessors in  townships  of  the  first  class  shall  be  filled  in  the  manner 
now  provided  by  law. 

This  section  is  new.  For  provisions  of  the  existing  law  relating  to  this 
subject  see  the  chapter  on  taxation  in  the  appendix,  subdivision  (b)  under 
the  subject  of  assessors,  sections  1544  to  1546  inclusive. 


35 


CHAPTER  V 

ELECTION  OF  OFFICERS;  VACANCIES  IN  OFFICE. 

ARTICLE  II. 

IN  TOWNSHIPS  OF  THE  SECOND  CLASS. 

(a)     General  Provisions. 

Section  140.  No  person  shall  be  eligible  to  any  office  in  any  Town- 
ship of  the  second  class  unless  he  is  an  elector  of  the  township  for 
which  he  is  chosen. 

Drafted  from  Sec.  84,  Act  of  April  15.  1834,  P.  L.  537. 

Section  141.     The  electors  of  each  township  of  the  second   class 
shall  elect  (a)  three  township  supervisors,  (b)  one  township  assessor. 
(c)  three  township  auditors  and  (d)  one  tax  collector. 
This  section  is  new. 

(b)      Supervisors. 

Section  145.  At  the  municipal  election  in  the  year  one  thousand 
nine  hundred  and  seventeen,  and  at  the  municipal  election  every  two 
years  thereafter,  the  qualified  electors  of  each  township  of  the  second 
(hiss  shall  elect  one  township  supervisor.  All  township  supervisors 
elected  under  this  section  shall  hold  their  office  for  a  term  of  six 
yeare  from  the  first  Monday  of  December  next  following  their  elec- 
tion. 

Drafted  from  Sec.  4.  Act  of  July  22.  101.1.  P.  L.  015. 

Section  146.  Whenever  a  township  of  the  second  class  is  created 
by  the  division  of  a  township  of  the  first  or  second  class,  under  the 
provisions  of  chapter  three,  article  four  of  this  act;  or  whenever  a 
township  of  the  second  class  is  created  by  re-establishment  from  a 
township  of  the  first  class,  as  provided  in  chapter  three,  article  three 
of  this  act;  or  when  a  township  of  the  second  class  is  erected  under 
the  prosisions  of  chapter  three,  article  one  of  this  act.  and,  in  the 
latter  case,  the  court  so  orders, — the  qualified  electors  of  such  town- 
ship shall,  at  the  next  ensuing  municipal  election,  elect  three  town- 
ship supervisors,  one  for  a  term  of  two  years,  one  for  a  term  of  four 
vears,  and  one  for  a  term  of  six  years.  The  ballot  shall  designate 
the  term  for  which  each  township  supervisor  is  elected.  The  town- 
ship supervisors  so  elected  shall  hold  office  from  the  first  Monday 
of  December  next  following  their  election. 


36 

Biennially  thereafter,  at  each  succeeding  municipal  election,  the 
electors  of  such  township  of  the  second  class  shall  elect  one  township 
supervisor  for  a  term  of  six  years,  to  serve  from  the  first  Monday 
of  December  next  following  such  election. 
This  section  is  new. 

(c)     Auditors. 

Section  150.  At  the  municipal  election  in  the  year  one  thousand 
nine  hundred  and  seventeen,  and  at  the  municipal  election  every  two 
years  thereafter,  the  qualified  electors  of  each  township  of  the  second 
class  shall  elect  one  township  auditor.  All  township  auditors  elected 
under  this  section  shall  hold  office  for  a  term  of  six  years  from  the 
first  Monday  of  December  next  following  their  election. 

No  auditor  shall  at  the  same  time  hold  the  office  of  constable. 

This   section   is   new,   except   the  last  paragraph,  which   was   drafted    from 
Sec.  1.  Act  of  May  18,  1876,  P.  L.  179. 

Section  151.  In  all  townships  of  the  second  class  now  organized, 
which  have  been  electing  township  auditors  for  four-year  terms,  an 
auditor  shall  be  elected  at  the  municipal  election  in  the  year  one 
thousand  nine  hundred  and  seventeen,  for  a  term  of  six  years,  com- 
mencing on  the  first  Monday  of  December  next  succeeding  his  elec- 
tion. At  every  biennial  municipal  election  thereafter  an  auditor 
shall  be  elected,  in  each  of  such  townships,  for  a  term  of  six  years 
from  the  first  Monday  of  December  next  succeeding  his  election. 

If  at  any  time  any  of  such  townships  shall  be  without  the  required 
number  of  auditors  provided  by  this  act  for  townships  of  the  second 
class,  vacancies  shall  exist,  and  the  court  of  quarter  sessions  shall 
appoint  an  auditor  or  auditors  to  fill  such  vacancies,  the  auditors 
so  appointed  shall  hold  office  until  their  successors  are  elected  and 
qualified  under  the  provisions  of  this  section. 
This  section  is  new. 

Section  152.  Whenever  a  township  of  the  second  class  is  created 
by  the  division  of  a  township  of  the  first  or  second  class,  under  the 
provisions  of  chapter  three,  article  four  of  this  act;  or  whenever  a 
township  of  the  second  'class  is  created  by  re-establishment  from  a 
township  of  the  first  class,  as  provided  in  chapter  three,  article  three 
of  this  act;  or  when  a  township  of  the  second  class  is  erected,  under 
the  provisions  of  chapter  three,  article  one  of  this  act,  and,  in  the 
latter  case,  the  court  so  orders, — the  qualified  electors  of  such  town- 
ship shall,  at  the  next  ensuing  municipal  election,  elect  three  town- 
ship auditors,  one  for  a  term  of  two  years,  one  for  a  term  of  four 
years,  and  one  for  a  term  of  six  years.  The  ballot  shall  designate 
the  term  for  which  each  township  auditor  is  elected.  The  township 
auditors  so  elected  shall  hold  office  from  the  first  Monday  of  Decem- 
ber next  following  their  election. 


37 

Biennially  thereafter,  at  each  succeeding  municipal  election,  the 
electors  of  such  township  of  the  second  class  shall  elect  one  township 
auditor  for  a  term  of  six  years,  to  serve  from  the  firsl  .Monday  of 
December  next  following  such  election. 

This  seel  inn  is  new, 

(d)     Assessor. 

Section  1G0.  At.  the  municipal  election  in  the  year  one  thousand 
nine  hundred  and  seventeen,  and  at  the  municipal  election  every 
four  years  thereafter,  the  qualified  electors  of  each  township  of  the 
second  class  shall  elect  one  township  assessor.  The  township  as- 
sessor elected  under  this  section  shall  hold  his  office  for  a  term  of 
four  years  from  the  lirst  Monday  of  January  next  following  his 
election. 

1  Matted  from  Sec.  1,  Act  of  Feb.  14,  1889,  P.  L.  7. 

Section  161.  Whenever  a  township  of  the  second  class  is  created 
by  the  division  of  a  toAvnship  of  the  first  or  second  class,  under  the 
provisions  of  chapter  three,  article  four  of  this  act;  or  whenever  a 
township  of  the  seco/nd  class  is  created  by  re-establishment  from  a 
township  of  the  first  class,  as  provided  by  chapter  three,  article 
three  of  this  act;  or  whenever  a  township  of  the  second  class  is 
erected,  under  the  provisions  of  chapter  three,  article  one  of  this  act, 
and,  in  the  latter  case,  the  court  so  orders, — the  qualified  electors  of 
any  such  township  shall,  at  the  next  municipal  election,  elect  one 
township  assessor,  for  either  of  the  following  terms;  to  wit, — If  such 
election  occurs  in  the  year  in  which  an  election  for  assessor  is  held 
under  the  provisions  of  section  one  hundred  and  seven  of  this  act. 
then  such  assessor  shall  be  elected  for  a  term  of  four  years.  If  such 
election  occurs  in  the  year  in  which  an  election  for  assessor  is  held 
under  the  prqvisions  of  section  one  hundred  and  seven  of  this  act. 
then  such  assessor  shall  be  elected  for  a  term  of  four  years.  If  such 
election  occurs  in  a  year  when  no  assessor  is  elected  under  the  pro- 
visions of  said  section  one  hundred  and  sixty,  then  such  assessor 
shall  be  elected  for  a  term  of  two  years. 

All  assessors  elected  under  this  section  shall  hold  their  office  for 
a  term  of  two  or  four  years,  as  the  case  may  be,  from  the  first  Mon- 
day of  January  next  following  their  election. 

At  the  municipal  election  preceding  the  expiration  of  the  term  of 
any  of  the  aforesaid  assessors,  and  at  the  municipal  election  every 
four  years  thereafter,  an  assessor  shall  be  elected  for  a  term  of  four 
years,  to  hold  office  from  the  first  Monday  of  January  next  succeed 
ing  such  election. 


38 

This  section  is  new.  The  reference  in  this  section  te  section  one  hundred 
and  seven   is  error.     The  section   should   read  one  hundred   and   sixty. 

Section  U'>2.  The  provisions  of  sections  one  hundred  and  sixty  and 
one  hundred  and  sixty-one,  relating  to  the  election  of  assessors  in 
townships  of  the  second  class,  shall  not  repeal  nor  affect  the  pro- 
visions of  any  statute  providing  for  the  election  of  assistant  asses- 
sors for  the  performance  of  duties  relating  to  elections. 

This  section  is  new.  Assistant  assessors  for  the  performance  of  election 
duties  are  provided  for  by  the  act  of  June  16,  1891.  P.  L.  298,  as  amended 
by  Act  of  April  20,  1917,  P.  L.  87. 

(e)     Tax  Collector. 

Section  170.  At  the  municipal  election  in  the  year  one  thousand 
nine  hundred  and  seventeen,  and  at  the  municipal  election  every  four 
years  thereafter,  the  qualified  electors  of  each  township  of  the  second 
class  shall  elect  one  tax  collector  to  serve  for  a  term  of  four  years, 
f torn  the  first  Monday  of  January  next  succeeding  such  election. 

Drafted  from  part  of  Sec.  1,  Act  of  June  6,  1893.  P.  L.  333. 

Section  171.  Whenever  -a  township  of  the  second  class  is  created 
iSy  the  division  of  a  township  of  the  first  or  second  class,  under  the 
provisions  of  chapter  three,  article  four  of  this  act;  or  whenever  a 
township  of  the  second  class  is  created  by  re-establishment  from  a 
township  of  the  first  class,  as  provided  by  chapter  three,  article  three 
of  this  act;  or  wdienever  a  township  of  the  second  class  is  erected, 
unler  the  provisions  of  chapter  three,  article  one  of  this  act.  and,  in 
the  latter  case,  the  court  so  orders, — the  qualified  electors  of  such 
township  shall,  at  the  next  municipal  election,  elect  one  tax  collector, 
for  either  of  the  following  terms;  to  wit, — If  such  election  occurs  in 
the  year  in  which  an  eljection  for  tax  collector  is  held  under  the  provi- 
sions of  section  one  hundred  and  seventy  of  this  act,  then  such  tax 
collector  shall  be  elected  for  a  term  of  four  years.  If.  such  election 
occurs  in  a  year  when  no  tax  collector  is  elected  under  the  provisions 
of  said  section  one  hundred  and  seventy,  then  such  tax  collector  shall 
be  elected  for  a  term  of  two  years. 

All  tax  collectors  elected  under  this  section  shall  hold  their  office 
for  a  term  of  two  or  four  years,  as  the  case  may  be,  from  the  first 
Monday  of  January  next  following  their  election. 

At  the  municipal  election  preceding  the  expiration  of  the  term  of 
any  of  the  aforesaid  tax  collectors,  and  at  the  municipal  election 
every  four  years  thereafter,  a  tax  collector  shall  be  elected  for  a  term 


39 

of  four  years,  to  hold  office  from  the  first   Monday  of  January  next 
succeeding  such  election. 

This    sertioll    is    new. 

(f)     Vacancies  in  Office. 

Section  180.  If  the  electors  of  any  township  of  the  second  class 
shall  fail  to  choose  a  township  supervisor,  or  if  any  person  elected 
to  such  office  shall  neglect  or  refuse  to  serve  therein,  or  if  a  vacancy 
shall  occur  in  the  office  by  death,  resignation,  or  otherwise,  the 
court  of  quarter  sessions  shall,  upon  the  presentation  of  a  petition 
signed  by  a  supervisor  and  not  less  than  ten  voters  who  are  owners 
of  real  estate  in  the  township,  appoint  a  person  to  fill  the  vacancy  for 
the  unexpired  term  of  the  person  whose  place  lie  is  appointed  to  fill. 

In  all  cases  where  a  vacancy  occurs  in  the  board  of  township  su- 
pervisors from  any  cause,  and  within  a  reasonable  time  thereafter 
no  petition  for  the  appointment  of  a  person  to  fill  such  vacancy  has 
been  presented  to  the  court,  the  two  remaining  supervisors  may 
appoint  a  successor  to  fill  the  office  for  the  unexpired  term.  When 
a  vacancy  is  filled  by  the  remaining  supervisors,  they  shall,  within 
fifteen  days  thereafter,  certify  such  appointment  to  the  clerk  of  quar- 
ter sessions. 

Drafted  from  Sec.  83,  Act  of  April  15,  1834,  P.  L.  537,  and  Sec.  L6,  Acl 
of  July  22,  1913,  P.  L.  915. 

Section  181.  When  a  vacancy  occurs  in  the  office  of  township 
auditor  in  any  township  of  the  second  class  by  reason  of  death,  resig- 
nation, removal  from  the  township,  or  otherwise,  the  court  of  quarter 
sessions  shall  appoint  a  suitable  person  to  fill  such  vacancy  for  the 
unexpired  term  of  the  person  whose  place  he  is  appointed  to  fill. 

Drafted  from  Sec.  21,  Act  of  March  11,  PS4l\  P.  L.  til',  and  Sec.  83,  Acl 
of  April  15,  1834,  P.  L.  537. 

Section  182.  Vacancies  in  the  office  of  assessor  in  townships  of 
the  second  class  shall  be  filled  in  the  manner  now  provided  by  law. 

This  section  is  new,  hut  is  declaratory  of  existing  law.  Fur  provisions 
of  the  existing  law  relating  to  this  subject,  see  the  chapter  on  taxation  in 
the  appendix,  subdivision  (b)  under  the  subject  of  assessors,  sections  1544 
to  1546  inclusive 

Section  183.  If  the  electors  of  any  township  of  the  second  class 
shall  fail  to  choose  a  tax  collector,  or  if  any  person  elected  to  such 
office  shall  fail  to  qualify,  or  if  a  vacancy  shall  occur  in  the  office  by 
death,  resignation,  or  otherwise,  the  court  of  quarter  sessions  shall, 
upon  presentation  of  a  petition  of  any  citizen  who  is  a  resident  of 
the  township,  setting  forth  the  facts,  appoint  a  person  to  fill  the 


40 

vacancy  for  the  unexpired  term  of  the  person  whose  place  he  is  ap- 
pointed to  fill. 

In  cases  when  the  person  elected  to  the  office  shall  fail  to  qualify, 
the  court,  before  making  the  appointment,  shall  declare  the  office 
vacant. 

Whenever  a  vacancy  exists  in  the  office  of  tax  collector  in  any 
township  of  the  second  class,  and  no  person  resident,  within  the 
township  is  willing  to  accept  the  appointment  to  fill  such  vacancy, 
the  authorities  authorized  to  levy  and  assess  taxes  in  the  township 
may  petition  the  court  of  quarter  sessions  for  the  appointment  of  a 
tax  collector,  whereupon  the  court  may  appoint  any  citizen  of  the 

county  to  collect  such  taxes. 

Drafted  from  Sec.  1,  Act  of  June  2,  1895,  P.  L.  434,  Sec.  2,  Act  of  June 
25,  1885,  P.  L.  187,  and  Sees.  1  and  2,  Act  of  April  27,  1909,  P.  L.  245. 
See  also  the  Act  of  May  17,  1917,  P.  L.  221  and  notes  thereunder;  sections 
1554  and  1555,  authorizing  the  county  commissioners  to  make  appointments 
of  tax  collectors  in  cases  of  vacancies. 

This  section  does  not  repeal  the  Act  of  May  17,  1917,  P.  L.  221.  No 
person  in  the  township  having  qualified  as  tax  collector,  the  court  held 
that  the  Act  of  May  17,  1917,  P.  L.  221,  applied,  and  that  the  county  com- 
missioners should  make  the  appointment  on  petition  :  In  re  Ogle  Township 
Tax  Collector's  Bond,  1  Bonier.  L.  J.  69 ;  s.  c.  30  D.  R.  lJfl.  While  this^act 
does  not  specifically  repeal  the  Act  of  May  17,  1917,  P.  L.  221,  it  does  so 
by  implication.  The  court  of  quarter  sessions  is  the  proper  authority  to  fill 
a  vacancy  in  the  office  of  tax  collector :  North  Strabane  Township,  35 
York  90,  s.  c.  69  P.  L.  J.  579.     But  see  note  to  section  1554. 


41 
CHAPTER  VI 

TOWNSHIP  OFFICERS. 

ARTICLE  I. 

GENERAL  PROVISIONS. 

Section  190.  Every  person  elected  or  appointed  to  any  township 
office  in  any  township  of  the  first  or  second  class  shall,  before  enter- 
ing upon  the  duties  of  his  office,  take  and  subscribe  an  oath  or  affir- 
mation, before  some  person,  having  authority  to  administer  oaths,  to 
support  the  Constitution  of  the  United  States  and  of  this  Common- 
wealth, and  to  perform  the  duties  of  his  office  with  fidelity.  A  copy 
of  such  oath  or  affirmation  shall,  within  ten  days  thereafter,  be  filed 
with  the  township  secretary. 

Drafted  from  Sec.  86,  Act  of  April  15,  1834,   P.  L.  537.     The  township 
clerk  mentioned  in  that  section  becomes  township  secretary  in  this. 

Section  191.  When  any  officer  or  employe  of  any  township  of  the 
first  or  second  class  is  required  to  give  bond  for  the  faithful  per- 
formance of  his  duties,  and  such  bond  is  required  to  be  indorsed  by 
a  surety  company,  the  township  may  pay  the  premium  on  such  bond. 

Drafted  from  Sec.  1,  Act  of  May  25,  1907,  P.  L.  225. 

Section  192.  If  any  township  officer  in  any  township  of  the  first 
or  second  class  refuses  or  neglects  to  perform  his  duties,  the  court  of 
quarter  sessions,  upon  complaint  in  writing  by  twenty-five  citizens, 
owners  of  real  estate  residing  in  the  township  or  district,  may  issue 
a  rule  upon  such  officer  to  show  cause  why  his  office  should  not  be 
declared  vacant  and  another  appointed  in  his  stead.  Such  rule  shall 
be  made  returnable  not  less  than  two  weeks  from  its  date  of  issue. 
Upon  hearing,  and  proof  that  the  facts  alleged  in  the  complaint 
are  true,  the  court  may  declare  the  office  vacant  and  appoint  another 
in  his  stead,  to  hold  office  during  the  term  of  the  officer  deposed. 

Drafted  from  Sec.  1,  Act  of  March  22,  1907,  P.  L.  27. 

Section  193.  If  such  complaint  shall  allege  that  the  public  roady 
and  highways  of  any  township  are  not  maintained  in  accordance 
with  law,  the  court  ma}*  appoint  three  persons,  who  shall  examine 
said  highways  and  report  to  the  court  their  findings.  In  all  such 
cases  the  complainants  shall  first  enter  security,  in  such  sum  as  the 
court  may  fix,  to  pay  all  costs. 

Drafted  from  Sec.  2,  Act  of  March  122,  1907,  P.  L.  127. 


42 

Section  194.  All  officers  of  townships  of  the  first  and  second  class 
shall  produce  all  accounts  and  records,  kept  as  required  by  this  act, 
for  examination  and  inspection  at  any  reasonable  time,  on  demand  of 
a  duly  appointed  representative  of  the  State  Highway  Department. 

Drafted  from  part  of  Sec.  17,  Act  of  July  22,  1913,  P.  L.  916.  A  peremp- 
tory mandamus  may  issue  at  the  suggestion  of  the  district  attorney  to  compel 
township  supervisors  to  produce  their  official  accounts  and  records  in  com- 
pliance with  this  section:     Commonwealth    r.  Swaney,  et  al.,  270  Pa.  589. 

Section  195.  County  associations  of  township  supervisors,  com- 
missioners and  other  persons  officially  charged  with  the  construction 
and  maintenance  of  the  public  roads  or  streets  may  be  formed.  Such 
associations,  when  formed,  shall  hold  annual  or  semiannual  conven- 
tions, at  the  county-seats  of  the  respective  counties  or  some  other 
suitable  place  within  the  county,  for  the  purpose  of  considering  and 
discussing  questions  and  subjects  pertaining  to  the  best  methods  for 
the  construction,  improvement,  and  maintenance  of  the  public  high- 
ways and  bridges. 

Drafted  from  Sec.  1,  Ant  of  May  8,  1913,  P.  L.  159. 

Section  196.  The  supervisors  of  townships  of  the  second  class  and 
commissioners  of  townships  of  the  first  class  shall  attend  such  con- 
ventions whenever  possible.  Each  township  supervisor  or  commis- 
sioner attending  such  convention  shall  receive  a  certificate,  signed 
by  the  presiding  officer  and  acting  secretary  of  the  convention, 
attesting  his  presence  at  the  convention.  Such  certificate  shall  en- 
title him  to  collect  from  the  treasurer  of  the  board  of  supervisors  or 
commissioners  the  sum  of  three  dollars  per  day  for  each  days  attend- 
ance, and  mileage  at  the  rate  of  four  cents  per  mile  traveled,  to  be 
computed  by  the  route  usually  traveled  from  his  place  of  residence 
to  the  place  where  the  convention  is  held.  No  township  supervisor 
or  commissioner  shall  be  paid  for  more  than  two  days  attendance  in 
any  one  year. 

(Amendment  of  March  31,  1921,  P.  L.  86).  This  section  was  drafted 
from  Sec.  2,  Act  of  May  8,  1913,  P.  L.  159.  The  amendment  of  1921  in- 
creased the  compensation  for  attendance  from  two  dollars  to  three  dollars 
per  day  and  the  mileage  from  three  cents  to  four  cents  per  mile. 

This  same  section  was  twice  amended  by  the  legislature  of  1921.     See  the 
section  immediately  following. 

Section  196.  The  supervisors  of  townships  of  the  second  class, 
commissioners  of  townships  of  the  first  class,  and  the  auditors  of 
townships  of  the  first  and  second  class,  shall  attend  such  conventions 
whenever  possible.  Each  township  supervisor  or  commissioner  and 
auditor,  attending  such  convention  shall  receive  a  certificate,  signed 
by  the  presiding  officer  and  acting  secretary  of  the  convention,  at- 


testing  his  presence  at  the  convention.  Such  certificate  shall  entitle 
hi  in  to  collect  from  the  treasurer  of  the  board  of  supervisors  or  com- 
missioners the  sum  of  three  dollars  per  day.  \'<>v  each  day's  attendance, 
and  mileage  at  the  rate  of  four  cents  per  mile  traveled,  to  be  com- 
puted by  the  route  usually  traveled  from  his  place  of  residence  to  the 
place  where  the  convention  is  held.  No  township  supervisor  or  com- 
missioner or  auditor  shall  be  paid  for  more  than  two  days'  attend- 
ance in  any  one  year. 

(Amendment  of  May    Hi.   1921,   P.   L.  564,   Sec.  2).     Drafted   from   Sec. 

3,  Act  of  May  8,  1913,  P.  L.  15!).     The  amendment  of  May  16,   L921,  made 

for  the  attendanc  of  auditors  at  conventions. 

Section  197.  The  officers  of  the  association  shall  consist  of  a  presi- 
dent, two  vice-presidents,  a  secretary,  and  a  treasurer,  all  of  whom, 
except  the  secretary,  shall  be  members  of  the  association,  and  shall 
hold  office  for  one  year,  or  until  their  successors  are  chosen.  \f 
desirable,  the  secretary  may  l>e  a  person  not  a  regular  member  of 
the  association,  and  may  be  paid  for  his  services,  such  compensation, 
not  exceeding  ten  dollars  per  annum,  as  the  other  officers  may  de 
termine.  Every  township  supervisor  and  commissioner  attending 
such  convention  may  vote  in  the  election  of  officers.  The  mayor  of 
any  city,  the  burgess  of  any  borough,  or  their  duly  appointed  repre- 
sentative, the  county  commissioners,  and  the  judges  of  the  court  in 
the  county,  the  township  commissioner  of  the  State  Highway  De- 
partment, the  assistant  engineers  of  the  division  of  township  high- 
ways, and  the  superintendent  of  State  Highways  in  charge  of  such 
county,  shall  be  eligible  to  membership  and  to  hold  office,  but  shall 
not  be  entitled  to  a  vote. 

(Amendment   of   May   1G,   1921,   P.   L.   004,    Sec.   2).     Drafted   from    Sec. 
3.  Act  of  May  8,  1913,  P.  L.  1~>9.     The  amendment  of  May  16,  1921.  made 
the  township  commissioner  of  the  State  Highway  Department  the  assistant 
engineers  of   the   division   of  township   highways   and    the   Superintendent  of 
State  Highways  in  charge  of  said  county  eligible  to  membership. 
Section  19S.     The  county  treasurer  shall  pay  to  the  treasurer  of 
such  association,  from  the  county  funds,  the  necessary  expenses  in- 
curred for  the  holding  of  such  annual  or  semiannual  convention,  in- 
cluding the  necessary  expenses  of  the  secretary.    The  total  sum  thus 
paid  by  the  treasurer  of  any  county  shall  not  exceed  one  hundred  and 
twenty-five  dollars  a  year.     No  payment  shall  be  made  to  the  treas^ 
urer  of  such  association  until  he  has  presented  to  the  county  treas- 
urer an  itemized  statement  of  such  expenses,  verified  by  affidavit. 
Within  thirty  days  after  every  such  convention  the  treasurer  of  such 
association  shall  file  with  the  county  treasurer  an  itemized  state- 
ment, under  oath,  showing  when  and  where  such  convention  was  held, 
the  number  of  township  supervisors  and  commissioners  present,  and 
all    the   expenses    connected    with    such    convention,    together    with 
proper  vouchers  for  all  such  expenses. 

Drafted  from  Sec.  4,  Act  of  May  8,  1913.  P.  L.  159. 


u 

CHAPTER  VI 

TOWNSHIP  OFFICERS. 
ARTICLE  II. 

TOWNSHIP  COMMISSIONERS. 

Section  210.  The  township  comniisssioners  shall  organize  on  the 
iirst  Monday  of  January  of  each  even-numbered  year  following  their 
election.  They  shall  assemble  for  such  purpose  at  their  place  of 
meeting  at  seven-thirty  o'oclock  post  meridian.  Until  otherwise  des- 
ignated by  ordinance,  the  place  of  meeting  shall  be  the  oldest  pol- 
ling-place in  the  township. 

The  board  shall  organize  by  the  election  of  one  of  their  number 
as  president.  The  president  shall  preside  at  all  meetings  of  the 
board,  and  perform  such  other  duties  as  are  specified  in  this  act  or 
which  may  be  prescribed  by  ordinance. 

If  a  majority  of  the  commissioners  shall  not  attend  at  the  organi- 
zation meeting,  those  present  may  adjourn  the  meeting  from  day  to 
day  until  a  majority  attend. 

Drafted  from   part  of  Sec.   1,  Act  of  June  5,   1913,   1*.  L.   424  amending 
Sec.  C».  Act  of  April  28,  1899,  P.  L.  104. 

Section  211.  The  board  shall  meet  at  least  once  a  month,  at  such 
time  and  such  place  as  may  be  designated  by  ordinance.  A  majority 
of  the  members  of  the  board  shall  constitute  a  quorum. 

Drafted   from   part  of   Sec.   1,  Act  of  June  5,   1913,   P.   L.   424  amending 
Sec.  6,  Act  of  April  28,  1899,  P.  L.  104. 

Section  212.  Each  township  commissioner  shall  receive  a  salary 
of  sixty  dollars  per  year,  payable  quarterly,  as  full  compenstion  for 
the  duties  imposed  by  the  provisions  of  this  act.  A  proportionate 
amount  shall  be  deducted  from  the  salary  of  any  township  commis- 
sioner for  each  regular  meeting  of  the  board  of  township  commis- 
sioners which  he  fails  to  attend. 

Drafted  from  part  of  Sec.  1,  Act  of  June  1,   1915,   P.  L.  684,   amending; 
Sec.  4,  Act  of  April  28,  1899,  P.  L.  104. 

Section  213.  The  board  of  township  commissioners  may  appoint 
one  or  more  supervisors  or  engineers  of  highways,  arid  by  ordinance 
specify  their  duties  and  fix  their  salaries.  All  such  officers  shall 
hold  office  at  the  pleasure  of  the  board.  The  board  shall  employ  a 
sufficient  number  of  workmen,  mechanics,  and  laborers  for  the 
proper  care  of  the  public  roads. 

Drafted  from  part  of  Sec.  10,  Act  of  April  28,  1899,  P.  L.  104. 


45 

Section  214.  The  township  commissioners  shall  annually,  on  or 
before  the  tirst  day  of  February  in  each  year,  make  a  sworn  state 
raenl  to  the  state  Highway  Commissioner,  on  blanks  furnished  to 
them  by  the  State  Highway  Commissioner,  of  the  whole  amount  of 
tax  levied  during  the  preceding  year  for  road  and  bridge  purposes, 
and  the  total  amount  of  taxes  collected  during  the  year  for  road 
and  bridge  purposes.  They  shall  specify,  in  such  report,  the  amount 
expended  for  maintenance  or  repairs  of  roads  and  bridges,  for  open- 
ing and  building  new  loads  and  bridges,  and  for  macadamizing  or 
otherwise  permanently  improving  roads,  the  number  of  miles  of 
roads  thus  made,  and  the  total  number  of  miles  of  township  roads 
in  the  township.  Such  report  shall  also  contain  such  other  matters 
and  things  as  the  State  Highway  Commissioner  may  require. 

(Amendment  of  May  10,  1921.  P.  L.  564,  Sec.  3)..  This  section  is  new. 


415 


CHAPTER  VI 

TOWNSHIP  OFFICERS. 

ARTICLE  III. 

TOWNSHIP  SUPERVISORS,  TOWNSHIP  SUPERINTENDENT,  AND 

ROADMASTERS. 

Section  230.  The  general  supervision  of  road  affairs  in  every  town- 
ship of  the  second  class  shall  be  in  the  hands  of  three  qualified  elec- 
tors of  the  township,  who  shall  be  styled  township  supervisors. 

Drafted  from  Sec.  4,  Act  of  July  22.  1913,  P.  L.  915.  This  section 
defines  the  duties  of  supervisors  and  road  masters  to  be  practically  the  same, 
as  those  contained  in  the  Acts  of  June  13,  1830,  P.  L.  551,  and  June  23, 
1897,  P.  L.  194.  There  is  nothing  in  the  act  of  July  8,  1919,  P.  L.  770, 
that  relieves  them  from  these  duties :  Benedict  v.  Fulton  Township,  et  al, 
37  Lane.  L.  R.  367;  s.  c.  30  D.  R.  J,33. 

Section  231.  The  supervisors  of  each  township  of  the  second  class 
shall  meet,  at  the  place  where  the  auditors  of  the  township  meet  to 
perform  their  duties,  on  the  first  Monday  of  December  of  each  year. 
The  township  supervisors  shall  organize  as  a  board  by  electing  one 
of  their  number  as  chairman.  The  board  shall  appoint  a  treasurer 
and  a  secretary,  who  may  or  may  not  be  the  same  person,  and  who 
may  or  may  not  be  a  member  of  the  board,  or  the  board  may  select 
a  trust  company  or  a  banking  institution  to  act  as  treasurer. 

Drafted  from  part  of  Sec  1,  Act  of  Juno  11,  1915,  P  L.  947,  amending  Sec. 
5,  Act  of  July  22,  1913,  P.  L.  915.  The  office  of  tax  collector  and  that  of 
township  treasurer  cannot  be  held  by  the  same  person  at  the  same  time : 
Commonwealth  v.  Graham,  50  Pa.  C.  C.  402. 

Section  232.  The  township  supervisors  shall  meet  for  the  trans- 
action of  business  once  each  month,  at  a  time  to  be  fixed  by  the  board. 
Two  members  shall  constitute  a  quorum.  Necessary  expenses  in- 
curred in  such  meetings,  including  office  rent,  stationery,  light,  and 
fuel,  shall  be  paid  out  of  the  township  road  funds. 

Drafted  from  part  of  Sec.  3,  Act  of  June  11,  1915,  P.  L.  947,  amending 
Act  of  July  22,  1913,  P.  L.  915. 

Section  233.  The  board  of  township  supervisors  shall  keep 
minutes  of  their  proceedings,  and  such  other  books  as  they  may  find 
necessary  in  the  performance  of  their  duties.  All  such  books  shall 
be  open  for  the  inspection  of  any  taxpayer  at  all  reasonable  times, 
and  shall  be  submitted  to  the  township  auditors  when  they  meet  to 


47 

audit  the  accounts  of  the  treasurer  and  other  township  officers.  The 
township  supervisors  shall  deliver  such  hooks,  papers,  and  accounts 
to  their  successors. 

Drafted  from  part  of  Sec.    IT.  Ad   of  Julj   22,   1913;   P.  L.  915. 

Section  234.  The  hoard  of  township  supervisors,  immediately 
after  their  organization,  shall  divide  the  township  into  one  or  more 
road  districts.  They  shall  employ  a  superintendent  tor  the  entire 
township,  or  a  roadniaster  for  each  district.  Township  supervisors 
may  require  such  superintendent  or  roadmasters  to  give  bond,  with 
approved  security,  lor  the  faithful  performance  of  their  duties.  The 
superintendent  or  roadmasters  shall  he  subject  to  removal  by  the 
board  of  supervisors.  The  supervisors  shall  fix  the  wages  to  be  paid 
per  hour  to  the  superintendent,  or  roadmasters,  and  laborers  for 
work  on  the  roads  and  bridges. 

This  section  shall  not  prohibit  the  township  supervisors  from 
overseeing  and  working  on  the  roads  themselves.  In  such  case  they 
shall  not  be  required  to  employ  a  superintendent  or  roadmasters. 

Drafted  from  part  of  Sec.  (5,  Act  of  July  T2.  1913,   I'.  J..  915. 

Section  235.  Supervisors  who  do  not  act  as  superintendent  or 
roadmasters  shall  receive  from  the  township  road  funds,  as  com- 
pensation, not  less  than  two  dollars  and  fifty  cents  nor  more  than 
four  dollars  for  each  monthly  meeting  which  they  attend.  The 
amount  of  the  compensation  shall  be  determined  by  the  township 
auditors.  The  township  auditors  shall  also  allow  to  the  supervisors 
compensation  for  making  a  semiannual  inspection  of  the  roads  and 
bridges.  The  compensation  of  supervisors,  when  overseeing  or  work- 
ing on  roads,  shall  be  fixed  by  the  township  auditors,  and  shall  be 
not  less  than  two  dollars  and  fifty  cents,  nor  more  than  four  dol- 
lars, per  day. 

(Amendment  of  April  -I.  1919,  I'.  L.  43).  Drafted  from  part  of  Sec.  .">. 
Act  of  June  11,  1915,  T.  L.  947,  amending  sec.  15,  Act  of  July  22,  1913, 
I'.  L.  915,  and  from  part  of  Sec.  <!.  Act  <><  .Inly  22,  1913,  P.  L.  915. 
The  purpose  of  the  above  amendment   was  to  increase   the  compensation  of 

supervisors  for  attendance  at  monthly  meetings  and  for  working  on  the  roads. 

Section  236.  The  township  superintendent  or  the  roadmasters, 
under  the  direction  of  the  board  of  supervisors,  or  the  supervisors 
acting  as  superintendent  or  roadmasters.  subject  to  the  rules  and 
regulations  of  the  State  Highway  Commissioner,  shall:— 

First.  Have  the  general  care  and  superintendence  of  the  improve- 
ment of  the  highways  and  bridges  in  the  township,  except  as  other- 
wise specially   provided. 

Second.  Cause  such  highways  and  bridges  to  be  kept  in  repair 
and  free  from  all  obstructions,  and  give  the  necessary  directions 


48 

therefor;  aud  inspect  all  highways  and  bridges  during  the  months 
of  April  and  October  of  each  year,  or  at  such  other  times  as  the 
board  of  supervisors  or  the  superintendent  may  direct. 

Third.  Divide  the  township  into  as  many  sections  as  may  be 
necessary  for  the  maintenance  and  repair  of  the  highways  and  the 
opening  of  highways  obstructed  bj'  snow. 

Fourth.  Employ  or  hire  such  persons,  teams,  and  implements  as 
may  be  necessary  for  the  maintenance  and  repair  of  highways  and 
bridges,  and  the  removal  of  obstructions  caused  by  snow,  subject  to 
the  approval  of  the  board  of  supervisors.  Provide  for  the  organiza- 
tion and  supervision  of  the  persons  so  employed,  and  work  on  the 
roads  themselves  when  directed  to  do  so  by  the  board  of  supervisors. 
Records  shall  be  kept,  and  reports  made  and  filed,  giving  the  names 
of  all  persons  employed,  including  supervisors,  superintendent,  or 
roadmasters ;  dates  on  which  work  was  done,  and  nature  and  loca- 
tion of  same,  with  compensation  paid  to  each  person  and  the  capa- 
city in  which  he  is  employed. 

Fifth.  Construct  and  keep  in  repair  all  sluices  and  culverts,  and 
keep  the  waterways,  bridges,  and  culverts  open. 

Sixth.    Cause  loose  stones  lying  in  the  beaten  track  of  every  high 
way  to  be  removed.     Stones  so  removed  shall  be  conveyed  to  some 
place  from  which  they  will  not  work  back  or  be  brought  back  into  the 
track  by  other  implements  used  in  repairing  or  maintaining  such 
highways. 

Seventh.  Report  monthly  to  the  board  of  supervisors,  which  re- 
port shall  contain  the  matter  in  the  form  to  be  prescribed  by  the 
State  Highway  Commissioner. 

Eighth.  Attend  road  meetings  and  conventions  when  directed  to 
do  so  by  the  board  of  supervisors. 

Ninth.  Perform  such  other  duties  and  have  such  other  powers  as 
may  be  imposed  or  conferred  by  law  or  the  rules  and  regulations  of 
the  State  Highway  Commissioner. 

Drafted  from  Sec.  7,  Act  of  July  22,  1913,  P.  L.  915. 

Section  237.  The  board  of  township  supervisors  may  make  a  con 
tract  for  the  improvement  and  keeping  in  repair  of  not  more  than 
ten  miles  of  road.  No  such  contract  shall  extend  over  a  period  of 
more  than  four  years,  nor  shall  it  be  given  unless  approved  of  and 
signed  by  at  least  two  menbers  of  the  board  of  township  supervisors. 
Every  contractor  for  road  work  shall  give  bond  for  the  amount  of 
such  contract,  and  sign  specifications  furnished  by  the  township 
supervisors  for  the  building  and  care  of  such  contract  roads. 

Drafted  from  part  of  Sec.  6,  Act  of  July  22,  1913,  P.  L.  915. 


49 

Section  238.  The  board  of  township  supervisors  shall  annually, 
on  or  before  the  first  day  of  January  in  each  year,  make  a  sworn 
statement  to  the  State  Bighway  Commissioner,  on  blanks  furnished 
to  them  by  the  State  Bighway  Commisssioner.,  of  the  whole  amount 
of  tax  levied  during  the  preceding  year  for  road  purposes  and  the 
total  amount  of  road  taxes  collected  during  the  year.  They  shall 
specify  in  such  report  the  amount  expended  for  maintenance  or  re 
pairs  of  roads,  for  opening  and  building  new  roads,  and  for  macad- 
amizing or  otherwise  permanently  improving  roads  ;  the  number  of 
miles  of  roads  thus  made,  and  the  total  number  of  miles  of  township 
roads  in  the  township.  Such  report  shall  also  contain  the  names 
and  addresses  of  the  chairman,  members,  and  secretary  and  treas- 
urer of  the  board,  and  such  other  matters  and  things  as  the  Stale 
Highway  Commissioner  may  require. 

Drafted  from  part  of  Sec.  21,  Act  of  July  22,  1913,  I'.  L.  915. 

Section  230.  It  is  unlawful  for  any  township  supervisor,  superin- 
tendent, or  roadmaster  to  be  interested,  directly  or  indirectly,  in 
any  purchase  made  or  contract  relating  to  roads  and  bridges,  ex- 
cept as  provided  for  in  this  act,  or  to  furnish  any  materials  there- 
for. Any  such  person  knowingly  violating  the  provisions  of  this 
section  shall  be  guilty  of  a  misdemeanor.  Upon  conviction  thereof, 
any  such  person  shall  be  sentenced  to  pay  a  fine  not  exceeding  five 
hundred  dollars  ($500),  or  to  be  imprisoned  for  a  term  not  exceeding 
six  months,  or  both,  and  shall  forfeit  his  office. 

Drafted  from  part  of  Sec.  18,  Act  of  July  22,  1913,  P.  D.  915. 

Section  240.  Any  township  supervisor,  township  superintendent, 
roadmaster,  or  contractor,  employed  to  work  on  the  roads,  bridges, 
and  highways  of  any  township  of  the  second  class,  who  shall  violate 
anj'  of  the  provisions  of  this  act,  other  than  those  for  the  violation 
of  which  specific  penalties  are  provided,  or  who  shall  fail,  neglect, 
or  refuse  to  cany  out  the  provisions  of  this  act,  shall,  upon  convic- 
tion before  a  justice  of  the  peace,  be  sentenced  to  pay  a  fine  of  not 
more  than  fifty  dollars,  to  be  colleected  in  the  name  of  the  town- 
ship as  other  debts  of  like  amount  are  collected.  All  such  fines  shall 
be  paid  to  the  township  treasurer,  for  the  use  of  the  road  fund. 

Drafted  from  Sec.  19,  Act  of  July  22.  1913,  P.  L.  915,  and  St.  !r_>.  Act 
of  April  15,  1834.  P.  D.  537.  Section  19  of  tlio  Act  of  July  22.  1913,  P.  L. 
915.  declared  all  violations  of  that  act  to  be  midemeanors,  and  upon  con- 
viction provided  a  penalty  of  fifty  dollars,  to  be  collected  in  the  name  of 
the  township,  as  other  debts  of  like  amount,  and  paid  to  township  treasurer, 
fur  the  use  of  the  road  fund  of  said  township.  The  utmost  penalty  that 
could  be  enforced  was  that  provided  by  the  act,  which  remains  the  same 
under  this  section.  Such  misfeasance  as  the  failure  of  supervisors  to  pro- 
perly construct  and  maintain   highways  within   their  township  is  no  longer 

4 


50 

a  misdemeanor,  and  therefore  no  longer  the  subject  of  indictment  under  the 
statute.  The  jurisdiction  now  by  the  statute  is  in  the  justice  of  the  peace  : 
Comm.  v.  Adsit,  et  al,  68  P.  L.  J.  651,  s.  c.  J,9  Pa.  C.  C.  562,  35  York  88, 
SO  D.  R.  760;  Comm.  v.  Greenwood  Township  Supervisors,  13  M.  L.  R.  39, 
s.  c.  30  D.  R.  536;  Comm.  v.  Ritchcy,  et  al,  50  Pa.  C.  C.  62 >t.  The  use  of 
the  word  "misdemeanor"  in  a  statute  does  not  necessarily  mean  that  the 
crime  defined  was  an  indicatable  offense  at  common  law:  Allen  v.  Common- 
wealth, 77  Super.  Ct.  2',',. 

Section  241.  The  township  supervisors  or  township  superinten- 
dents, elected  or  appoiued  in  pursuance  of  this  act,  shall  have  all 
the  powers  and  shall  perform  all  the  duties  imposed  by  existing  laws 
on  supervisors  of  roads  and  bridges  and  highways  and  road  com- 
missioners, or  other  officers  having  in  charge  the  township  roads, 
and  shall  be  subject  to  all  responsibilities  and  penalties  imposed 
upon  such  officers. 

Drafted  from  Sec  20,  Act  of  July  22.   1913,   P.  L.  915,  and  part  of  Sec 
90,  Act  of  April  15,  1834,  P.  L.  537. 


51 

CHAPTER  VI 

TOWNSHIP  OFFICERS. 
ARTICLE  IV. 

TOWNSHIP  TREASURER. 

(a)     General  Provisions. 

Section  200.  Whenever  any  moneys  are  collected  in  any  town- 
ship of  the  first  or  second  class,  for  any  special  purpose,  and  arc 
paid  into  the  hands  of  the  treasurer  of  such  township,  it  shall  be 
unlawful  for  such  treasurer  to  apply  such  moneys,  or  any  part  there- 
of, to  any  purpose  other  than  that  for  which  such  moneys  were 
collected.  Every  such  misapplication  shall  be  a  misdemeanor.  Upon 
conviction  of  such  offense,  the  treasurer  shall  be  punished  by  a  fine 
of  not  less  than  the  amount  so  misapplied,  or  by  imprisonment  for 
not  less  than  three  months  and  not  more  than  one  year. 

Drafted   from   Sec.   1,  Act   of  May  10,   1857,   P.  L.  535. 

Section  2G1.  If  any  township  treasurer  of  any  township  of  the 
first  or  second  class  shall  neglect  or  refuse  to  perform  any  of  the 
duties  of  his  office,  he  shall  be  fined  in  a  sum  not  exceeding  one 
hundred  dollars,  and  shall  be  disqualified  from  holding  the  office. 

Drafted  from  Sec.  98,  Act  of  April  15,  1834,  P.  L.  537. 

(b)     Of  Townships  of  the  First  Class. 

Section  270.  The  treasurer  of  each  township  of  the  first  class 
shall  give  bond,  in  a  sum  to  be  prescribed  by  ordinance,  and  at 
least  equal  to  the  probable  amount  of  the  annual  township  tax. 
Such  bond  shall  be  subscribed  by  sureties  approved  by  the  township 
commissioners,  or  by  a  surety  company  duly  authorized  to  do 
business  in  this  Commonwealth.  The  bond  given  by  the  treasurer 
shall  be  conditioned  for  the  faithful  performance  of  the  duties  of 
his  office,  for  a  just  account  of  all  moneys  belonging  to  the  township 
funds  that  may  come  into  his  hands  from  taxation  or  otherwise, 
and  payment  over  thereof  only  in  the  manner  prescribed  by  law ; 
for  the  delivery  to  his  successor  in  office  of  all  papers,  books,  docu- 
ments, and  other  things  held  in  right  of  his  office,  and  for  the  pay- 
ment to  such  successor  of  any  balance  in  money  remaining  in  his 
hands  or  charged  against  him  in  the  settlement  of  his  accounts. 
Said  bond  shall  be  filed  with  the  township  coininissioAers. 


52 

Drafted  from  parts  of  Sec.  13,  Act  of  April  28,  1899,  P.  L.  104,  and  Soe. 
5,  Act  of  April  27,  1909,  P!  L.  198. 

Section  271.  The  township  treasurer  shall  receive  for  his  duties 
as  treasurer  and  tax  collector  for  the  township  a  sum  equal  to  five 
per  centum  of  all  township  taxes  received  or  collected  by  him,  and, 
in  addition  thereto,  a  sum  equal  to  one  per  centum  on  all  other 
moneys  received  or  collected  by  him  for  the  township,  unless  a  dif- 
ferent rate  be  fixed  by  ordinance  of  the  township  commissioners 
passed  thirty  days  prior  to  his  election. 

Drafted  from   Sec.  1,  Act  of  June  7,  1907,  P.  L.  452,   amending  Sec.  14. 
Act  of  April  28,  1899,  P.  L.  104. 

Section  272.  Every  township  treasurer  shall  take  charge  of  all 
township  moneys,  and  keep  distinct  accounts  of  all  sums  received 
from  taxes  and  other  sources,  which  accounts  shall  at  all  times  be 
open  to  the  inspection  of  the  commissioners  and  township  auditors. 
He  shall  annually  state  his  accounts,  and  lay  the  same,  together  with 
the  books  and  the  vouchers,  before  the  township  auditors  for  settle- 
ment. 

Drafted  from  part  of  Sec.  13,  Act  of  April  28,  1899,  P.  L.  104. 

Section  273.  The  township  treasurer  shall  pay  out  the  moneys, 
coping  into  his  hands  for  the  fiscal  year,  only  on  orders  numbered 
in  the  order  of  their  issue,  signed  by  the  president  and  attested  by 
the  secretary  of  the  board,  and  designating  the  appropriation  out  of 
which  the  orders  shall  be  paid.  Any  township  treasurer  who  shall 
pay  out  moneys  in  his  hands  except  upon  such  orders,  or  shall  pay 
out  moneys  in  excess  of  the  appropriations,  shall  be  allowed  no 
credit  in  the  settlement  of  his  accounts  for  the  sum  or  sums  so  paid 
out,  nor  shall  he  have  any  claim  or  right  of  action  against  the  town- 
ship therefor. 

Drafted  from  Sec.  2,  Act  of  April  27,  1909,  P.  L.  198. 

Section  274.  The  township  treasurer  in  townships  of  the  first 
class,  by  virtue  of  his  office  as  treasurer,  shall  be  tax  collector.  He 
shall  collect  all  state,  county,  township,  school,  poor,  and  other  taxes, 
within  such  township  of  the  first  class,  levied  by  authorities  em- 
powered to  levy  taxes.  He  shall,  in  addition  to  the  poAvers,  duties, 
and  responsibilities  enumerated  in  chapter  eight,  article  one,  have 
all  the  powers,  perform  all  the  duties,  be  subject  to  all  the  obligations 
and  responsibilities,  and  receive  the  same  compensation  for  collect- 
ing such  taxes  other  than  township  taxes,  as  are  now  by  law  vesterl 
in,  conferred  upon,  or  imposed  upon  or  received  by,  collectors  of  the 
several  classes  of  taxes  hereinbefore  mentioned. 


53 

It  is  the  purpose  and  intent  of  tliis  section  that  no  taxes  shall 
be  collected  in  any  township  pf  the  lirst  class  excepl  by  the  treasurer 
of  the  township. 

Drafted  from  parts  of  Sees.  1  and  2,  Act  of  Maj  28,  L907,  P.  D.  273. 

Section  275.     The  treasurer  of  every  township  of  the  first  class 

shall,  before  be  enters  upon  the  duties  of  his  office  as  collector  of 
taxes,  take  and  subscribe  an  oath  of  office  and  file  the  same  m  the 
office  of  the  court  of  quarter  sessions,  and  shall  annually  enter  into 
a  bond  to  the  Commonwealth,  in  not  more  than  the  amount  of  taxes 
charged  and  assessed  in  the  duplicates,  with  at  least  two  sufficient 
sureties  or  one  trust  or  bonding  company.  The  bond  shall  be  approv- 
ed by  the  court  of  quarter  sessions  and  shall  be  filed  in  the  office 
of  the  clerk  of  said  court.  The  condition  of  the  bond  shall  be.  that 
the  treasurer  shall  well  and  truly  pay  ever  or  account  for  the  whole 
amount  of  taxes  charged  and  assessed  in  the  duplicates  which  shall 
be  delivered  to  him.  This  bond  does  not  cover  the  collection  and 
payment  over  of  township  or  school  taxes. 

Drafted  from  Sec.  1,  Act  of  May  8.  1909,  P.  L.  474.  amending  Sec.  1, 
Act  of  June  25.  1885,  P.  L.  187:  and  Sec  1,  Acl  of  .Inn.'  6,  1893,  P.  T..  ::::.:. 
The  bond  of  the  treasurer  as  collector  of  township  taxes  is  provided  for 
in  Sec.  270  and  the  School  ('ode  provides  for  his  bond  as  collector  of  school 
taxes. 

(c)    Of  Townships  of  the  Second  Class. 

Section  285.  The  treasurer  appointed  by  the  board  of  township 
supervisors  in  townships  of  the  second  class,  if  an  individual,  shall 
give  bond,  with  at  least  two  sufficient  sureties  to  be  approved  by  the 
auditors  of  the  township,  conditioned  that  the  treasurer  shall  well 
and  truly  account  for  and  pay  over  all  moneys  collected  for  the  town- 
ship, and  all  moneys  paid  by  the  State,  according  to  the  provisions 
of  this  act  and  received  by  him,  ojKly  upon  a  written  order  signed 
by  two  members  of  the  board  of  supervisors,  for  the  delivery  to  his 
successor  in  office  of  all  books,  papers,  and  documents,  for  the  pay 
ment  to  him  of  any  balance  of  money  belonging  to  the  township  that 
may  remain  in  his  hands,  and  for  the  faithful  performance  of  the 
duties  of  his  office. 

Drafted  from  parts  of  Sea  2,  Act  of  June  11,  1915,  P.  L.  947.  amending1 
Sec.  9.  Act  of  .Tidy  22.  1913,  P.  L.  915:  and  Sec.  95  of  the  Act  of  April  15, 

L834,  P.  D.  5.*57.     These  two  sections  were  combined  so  as  to  cover  all  moneys 
received. 

Section  286.  The  township  treasurer  I'm-  townships  of  the  second 
class  shall  receive,  as  compensation  for  his  services,  a  certain  per- 
centage on  all  moneys  received  and  paid  by  him,  which  rate  shall  be 


54 

settled  by  the  supervisors  of  the  township,  with  the  approbation  of 
the  township  auditors. 

In  no  case  shall  the  combined  amount  paid  to  the  secretary  and 
treasurer  exceed  two  per  centum  of  the  money  paid  out  by  the 
treasurer,  except  when  the  amount  would  be  less  than  ten  dollars 
(110.00). 

Draftd  from  Sec.  97,  Act  of  April  15,  1834,  P.  L.  537,  and  part  of  Sec. 

1,  Act  of  June  11,  1915,  P.  L.  947,  amending  Sec.  5,  Act  of  July  22,  1913, 
P.  L.  915.  The  township  treasurer  and  secretary  may  receive  a  combined 
salary  not  exceeding  two  per  centum  of  the  money  paid  out  by  the  treasurer, 
including  borrowed  money,  regardless  of  the  source  from  which  it  was  ob- 
tained :  Manor  Township  Auditor's  Report,  31  Lane.  L.  R.  167,  s.  c.  29 
D.  R.  1001. 

Section  287.  The  township  treasurer  shall  receive  all  moneys  due 
the  township,  and  keep  distinct  accounts  of  all  sums  received  from 
taxes  and  other  sources,  which  accounts  shall  at  all  times  be  open 
to  the  inspection  of  the  supervisors  of  the  township.  He  shall  pay 
out  all  moneys  received  by  him  on  orders  drawn  by  the  supervisors 
of  the  township.  x\ll  orders  shall  be  on  blanks  prepared  and 
furnished  by  the  State  Highway  Commissioner.  He  shall  annually 
state  his  accounts,  and  lay  the  same,  together  with  the  vouchers, 
before  the  township  auditors  for  settlement. 

Drafted  from   Sec.  96  Act  of  April  15,  1S34,  P.  L.  537,  and  part  of  Sec. 

2.  Act  of  June  11,  1915,  P.  L.  947,  amending  Sec.  9,  Act  of  July  22,  1913, 
P.  L.  915. 


.-,.-, 


CHAPTER  VI 

TOWNSHIP  OFFICERS. 

ARTICLE  V. 
TOWNSHIP  SECRETARY. 

(a)     Of  Townships  of  the  First  Class. 

Scci ion  :>00.  The  board  of  commissioners  in  townships  of  1  lie 
first  class  shall  elect  ;i  secretary,  who  must  be  ;i  qualified  voter  of 
Ihe  township,  and  not  a  member  of  the  hoard.  Be  shall  act  as 
secretary  of  the  board,  shall  he  the  official  keeper  of  the  minutes, 
and  shall  perform  such  other  duties  as  are  prescribed  by  ordinance 
of  the  boai'd.  He  shall  provide  suitable  hooks,  the  cost  of  which 
shall  be  paid  out  of  the  township  funds,  wherein  he  shall  enter  all 
matters  of  which  he  is  required  to  keep  a  record.  His  salary  shall 
he  fixed  by  ordinance. 

Drafted  from  Sec.  19.  Act  of  April  28.  1899,  P.  L.  104.  and  Sec.  100. 
Act  of  April  15,  1834.  P.  L.  537. 

Section  301.  The  secretary  of  townships  of  the  first  class  shall 
keep  a  record  of  the  appropriations  made  by  the  township  commis 
sioners  and  the  amounts  chargeable  thereto.  He  shall  furnish  to 
any  person,  so  requesting,  a  statement  showing  the  amount  avail- 
aide  for  future  charges  against  any  appropriated  fund.  Any  sec- 
retary who  shall  knowingly  furnish  an  incorrect  statement  shall 
be  guilty  of  a  misdemeanor,  and.  upon  conviction  thereof,  shall  he 
sentenced  to  pay  a  fine  of  not  more  than  five  hundred  dollars. 

Drafted  from  Sec.  1,  Art  of  .Tunc  3,  1911,  P.  L.  626. 

Section  302.  The  minute-book  and  other  records  and  documents 
of  every  township  of  the  first  class  shall  be  open  to  the  inspection 
of  any  taxpayer  thereof,  his,  her,  or  its  agent,  upon  demand  therefor. 

Drafted  from  Sea  3,  Act  of  June  3,  1911,  P.  L.  026.  and  Sec.  101.  Ad 
of  April  15,  1834.  P.  L.  537.  The  latter  section  provided  for  the  payment 
of  a  fee  of  ten  cents  for  each  search  which  has  been  eliminated  in  this  section. 

Section  303..  The  township  commissioners  in  townships  of  the 
first  class,  except  in  those  counties  having  a  board  for  the  assess- 
ment and  revision  of  taxes  for  State  and  county  purposes,  shall  cause 
the  secretary  to  keep  record  hooks,  in  the  form  of  the  indexes  kept 
in  the  office  of  the  recorder  of  deeds  for  the  indexing  of  deeds.  In 
such  hooks  the  secretary  shall  cuter,  when  notified  by  the  recorder 


56 

of  deeds  of  the  county  as  now  provided  by  law,  each  deed  or  con- 
veyance of  any  tract,  piece,  parcel,  or  lot  of  real  estate  within  the 
township,  noting  the  names  of  the  grantor  and  grantee,  the  acreage 
of  the  land  conveyed,  if  mentioned,  the  consideration  mentioned  in 
the  deed,  and  the  election  district  or  districts  in  which  the  same  is 
located,  and,  if  the  land  conveyed  is  a  lot  in  a  recorded  plan,  the 
number  by  which  the  same  may  be  designated  on  the  plan.  In  one 
such  record  book  conveyances  shall  be  noted1,  in  the  name  of  the 
grantor  first,  and  in  another  they  shall  be,  noted  in  the  name  of 
the  grantee. 

Drafted  from  See.  1,  of  the  Act  of  May  14,  1915,  P.  L.  489,  amending  Sec. 
1,  Act  of  April  29,  1909,  P.  L.  275.  The  remaining  sections  of  the  act  of 
April  29,  1909,  P.  L.  275,  are  contained  in  the  appendix  in  chapter  on  taxa- 
tion, subdivision   (c),  sections  1547,  1548,  and  1549. 

(b)     Of  Townships  of  the  Second  Class. 

Section  310.  The  secretary  in  each  township  of  the  second  class 
shall  be  clerk  to  the  board  of  supervisors.  He  shall  keep  a  record 
of  the  proceedings  of  said  officers,  and  shall  receive  such  compensa- 
tion therefor  as  shall  be  fixed  by  the  township  auditors.  The  com- 
bined amount  paid  to  the  secretary  and  treasurer  shall  not  exceed 
two  per  centum  of  the  money  paid  out  by  the  treasurer,  except  where 
the  same  would  amount  to  less  than  ten  dollars,  (.f  10.00). 

Drafted  from  Sec.  99,  Act  of  April  15,  1834,  P.  L.  537,  and  Sec.  1, 
Act  of  June  11,  1915,  P.  D.  947,  amending  Sec.  5,  Act  of  July  22,  1913, 
P.  L.  913.  The  township  treasurer  and  secretary  may  receive  a  combined 
salary  not  exceeding  two  per  centum  of  the  money  paid  out  by  the  treasurer, 
including  borrowed  money,  regardless  of  the  source  from  which  it  was 
obtained:  Manor  Toivnship  Auditor's  Report,  37  Lane  L.  R.  167;  s.  c. 
20  D.  R.  1001. 

Section  311.  The  secretary  shall  provide  a  suitable  book  or  books 
for  the  purpose  of  entering  therein  all  maters  of  which  he  is  re- 
quired to  keep  a  record.  Such  books  shall  be  furnished  by  the 
State  Highway  Department. 

Drafted  from  Sec.  100,  Act  of  April  15,  1834,  P.  L.  537.  The  name  of 
township  secretary  has  been  substituted  for  that  of  township  clerk  in  con- 
formity with  the  provisions  of  the  Act  of  June  14,  1911,  P.  L.  942. 

Section  312.  The  books  of  the  secretary  shall  be  open  to  the 
inspection  of  any  person  who  may  have  occasion  to  search  therein. 

Drafted  from  Sec.  101,  Act  of  April  15,  1834,  P.  L.  537.  The  name  of 
township  secretary  has  been  substituted  for  that  of  township  clerk  in  con- 
formity with  the  provisions  of  the  Act  of  June  1^.  1911,  P.  L.  942. 

The  fee  of  ten  cents  provided  by  the  original  act  was  eliminated. 


57 
CHAPTER  VI 

TOWNSHIP  OFFICERS. 
ARTICLE  VI. 

TOWNSHIP  AUDITORS. 

Section  325.  The  auditors  of  townships  of  the  first  and  second 
class  shall  meel  annually,  on  the  day  following  the  day  which  is 
fixed  by  this  act  for  the  organization  of  the  township  supervisors  or 
the  township  commissioners  of  the  several  townships,  respectively; 
and  shall  audit,  settle,  and  adjust  the  accounts  of  the  supervisors, 
commissioners,  roadmasters,  treasurer,  and  tax  collector  of  the  town- 
ship.    Two  auditors  shall  constitute  a  quorum. 

Any  officer  whose  act  or  neglect  has  contributed  to  the  financial 
loss  of  any  township  shall  be  surcharged  by  the  auditors  with  the 
amount  of  such  loss. 

Each  auditor  shall  receive  two  dollars  per  diem  for  each  day 
necessarily  employed  in  the  duties  of  his  office,  to  be  paid  out  of 
the  funds  of  the  township. 

Drafted  from  *vr.  2,  Act  of  May  20,  1913,  P.  L.  254,  amending  Sec.  1. 
Act  of  June  1,  1911,  P.  L.  865.  and  from  Sec.  1,  Act  of  May  3,  190H.  p.  L. 
392,  and  Sec.  102  of  the  Act  of  April  15,  1S34,  P.  L.  537. 

Section  320.  The  auditors  of  each  township  may  issue  subpoenas 
to  obtain  the  attendance  of  the  officers  whose  accounts  they  are  re- 
quired to  adjust,  their  executors  and  administrators,  and  of  any 
persons  whom  it  may  be  necessary  to  examine  as  witnesses,  and  to 
compel  their  attendance  by  attachment,  in  like  manner  as  any  court 
of  common  pleas  may  in  cases  depending  before  them,  and  may  also 
compel  the  production  of  all  books,  vouchers,  and  papers,  relative 
to  such  accounts.  Such  subpoena  and  attachment  shall  be  served 
and  executed  by  the  sheriff  or  coroner  of  the  county,  as  the  case  may 
require. 

The  auditors  of  each  county  may  administer  oaths  and  affirma- 
tions  to  all  persons  brought  or  appearing  before  them,  whether 
accountants,  witnesses,  or  otherwise.  All  persons  guilty  of  swear- 
ing or  affirming  falsely  on  such  examinations  shall  be  guilty  of 
perjury. 

Drafted  from  Sees.  50,  51  and  105,  Act  of  April  15,  1834.  P.  L.  5.*!7. 
Section  327.     The  auditors  shall  complete  their  audit,  settlement, 
and  adjustment  within  as  short   a   time   as   possible.     They   shall, 
within  ten  days  thereafter,  publish,  by  advertisement  in   at  least 


58 

one  newspaper  of  general  circulation,  printed  in  the  township  or 
county,  a  concise  itemized  statement  of  the  receipts  and  expendi- 
tures of  the  several  officers  for  the  preceding  fiscal  year.  They  shall 
also,  within  ten  clays  thereafter,  file  a  copy  of  such  statement  with 
the  secretary,  and  another  copy  of  such  statement  with  the  clerk  of 
the  court  of  quart  -  -dons.  When  any  two  offices  are  exercis 
by  the  same  person,  only  one  statement  shall  he  required. 

Drafted  from  See.  2,  Act  of  May  3.  1909,  P.  L.  302.  and  S.v?.  3. 
May  20,  1913,  P.  L.  254.  amending  Sec.  2.  Act  of  June  9,  1011.  P.  L    -    " 

The  proviso  at  the  end  of   -        -    Ar-T  of  May  3.  1909,  p.  L.  392,  has  been 
omitted. 

-  rion  328.  The  auditors  shall  cancel  all  orders  and  voehers 
presented  to  them,  which  they  find  have  been  paid,  by  writing  the 
word  "audited"  on  the  face  thereof. 

Drafted  from   -        '         '  of  May  3.  1909,  P.  L.  302. 

3  rion  329.  Any  auditor  neglecting  or  refusing  to  comply  with 
the  preceding  provisions  of  this  article  shall  pay  a  penatlty  of  one 
hundred  dollars,  to  be  recovered  by  suit,  instituted  in  the  name  of 
the  township,  upon  the  complaint  of  any  taxpayer,  in  the  same 
manner  as  debts  of  like  amount  are  recoverable.  Any  penalty  re- 
covered shall  be  paid  into  the  treasury  of  the  township. 

Drafted  from  Sec.  6.  Act  of  May  3.  1000.  P.  L.  392. 

Section  330.  The  auditors,  in  case  of  a  disagreement  with  any 
official  or  board  of  officials  whose  accounts  they  are  required  to 
audit,  may  employ  an  attorney.  Such  attorney  shall  not  be  em- 
ployed until  reasonable  effort  to  reach  an  agreement  has  been  made, 
and  only  after  notice  of  their  intention  s«»  to  do  has  been  given  to 
said  official  or  boarvl  of  officials.  The  compensation  for  such  attor- 
ney shall  be  fixed  by  the  auditors,  and  shall  not  exceed  the  sum  of 
ten  dollars  per  day.  nor  total  in  any  case  more  than  thirty  dollars, 
unless  when  an  appeal  is  taken  to  the  courts,  in  which  case  the  court 
shall  fix  the  additional  compensation  for  the  attorney.  The  com- 
pensation for  said  attorney  shall  be  paid  out  of  the  fund  the  settle- 
ment of  which  is  in  dispute,  by  a  warrant  drawn  by  the  audit'  a 
upon  the  treasurer  of  such  fund,  immediately  upon  the  final  settle- 
ment of  the  account. 

Drafted  from  Sees.  1  and  2.  \pril  27.  10O0.  P.  L.  261. 

Section  331.  Whenever  any  person  is  charged  with  a  sum  of 
money  by  the  report  of  the  township  auditors  any  taxpayer  of  the 
Township  may  enforce  the  collection  thereof,  for  the  benefit  of  the 
township,  by  action  or  execution,  upon  filing  in  the  court  of  common 


59 

pleas  a  bond,  with  one  or  more  sureties,  conditioned  to  indemnify 
the  township  from  all  costs  which  may  accrue  in  the  proceedings. 

Drafted  from  Sec.  l.  Act  of  Maj  31,  1913,  P.  I..  394. 
Section  '.v.'-.    The  township,  or  any  taxpayer  thei f  on  its  behalf, 

Or  any  officer  whose  account  is  settled  or  audited  l.v  the  township 
auditors  may  appeal  front  any  settlement  or  audit  to  the  couri  of 
common  pleas,  within  thirty  days  after  the  settlement  has  been  Bled 
in  the  court  of  quarter  sessions. 

Drafted  from  Sec.   1.  Act  of  May  20r  L913,  P.  L.  254,  amending  Sec.  3, 

Act    of  Julie  9.   1911,    P.    1..   865. 

Section  4  of  the  A<t  of  101.'!  seemed  to  supply  Sec.  •"•  of  the  Acl  of  May 
::.  1909,  I'.  L.  392,  Sec.  104  of  the  Acl  of  April  L5,  L834,  I'.  I..  537,  S.r.m 
of  the  Ad  of  April  14,  L851,  I'.  1..  612,  and  Sec.  1  of  tic-  Act  of  .May  1. 
isTr..   P.  L.  S8. 

Section  333.  No  appeal  by  a  taxpayer  or  officer  shall  be  allowed 
unless  the  applicant  shall  enter  into  recognizance  to  prosecute  the 
same  with  effect,  and  to  pay  all  costs  accuring  thereon,  in  case,  if 
the  appellant  be  a  taxpayer,  he  shall  fail  to  obtain  a  final  decision 
more  favorable  to  the  township  limn  that  awarded  by  the  auditors, 
or.  in  case  the  appellant  be  an  accounting  officer,  he  shall  fail  to 
obtain  a  final  decision  more  favorable  to  Jhe  officer  than  that  award 
etl  by  the  auditors. 

Drafted  from  See.  4,  Act  of  May  20,  1913,  P.  L.  254,  amending  Sec.  ::. 
Act  of  Juno  0,  1011.  P.  L.  S65. 

Section  334.  Whenever  an  appeal  has  been  taken  from  the  re- 
port of  the  auditors  by  the  township,  or  by  any  person  charged  in 
such  report  with  any  sum  of  money,  any  taxpayer  of  the  township 
may  intervene  in  such  appeal,  and  either  prosecute  the  same,  on  its 
behalf,  or  defend  it  against  the  appeal  of  the  person  so  chargedl 
Xo  taxpayer  shall  intervene  unless  he  shall  file  in  the  court  of  com 
mon  pleas  a  bond,  with  one  or  more  sufficient  securities,  conditioned 
to  indemnify  the  township  against  all  costs  acenring  by  reason  of 
snch  intervention. 

Drafted  from  Sec.  2,  Act  of  May  31,  1913,  P.  L.  391. 

Section  335.  When  more  than  one  appeal  from  the  report  of  the 
auditors  is  taken,  whether  by  the  township,  an  officer  or  officers 
thereof,  or  by  a  taxpayer,  the  court  shall,  upon  petition  of  any  party 
interested,  direct  tin1  several  appeals  to  be  disposed  of  in  a  Bingle 
proceeding. 

Drafted  from  Sec.  2.  Act  of  April  21.   1915,  P.  L.  162. 

Section  330.  Any  person  interested  may  order  the  appeal  upon  the 
argument  list,  and  evidence  may  be  taken  before  any  person  author- 


60 

ized  to  administer  oaths,  upon  rule  for  that  purpose  served  upon 
the  opposite  party. 

Drafted  from  Sec.  3,  Act  of  May  31,  1913,  P.  L.  304. 

Section  337.  Whenever  any  matter  of  fact  is  in  dispute  the 
court  of  common  pleas  is  authorized  to  frame  an  issue  for  the  trial 
1  hereof. 

Drafted  from  Sec.  4,  Ah  of  May  20,  1913,  P.  L.  254,  amending  See,  :;, 
Act  of  June  9,  1911,  P.  L.  865,  and  from  Sec.  3,  Act  of  May  31,  1913,  I'.  L, 
.">!)4.  The  remaining  provisions  of  these  sections  have  been  used  in  the  pre* 
ceding  sections  of  this  article. 

Section  338.  The  accounts  of  the  officer  or  officers  in  question 
may  be  investigated  de  novo.  The  figures  and  facts  found  and  stat- 
ed by  the  auditors  in  their  report  of  audit  shall  be  taken  as  prima 
facie  correct,  as  against  any  such  officer,  and  the  burden  shall  be 
upon  each  officer  whose  accounts  are  in  question  to  establish  the 
validity  of  the  credits  which  he  claims. 

Drafted  from  Sec.  1,  Act  of  April  21,  1915,  P.  L.  162. 

Section  339.  After  hearing,  the  court  shall  file  its  findings  of  fact 
and  law  and  enter  judgment  in  accordance  therewith,  and  the  judg- 
ment so  entered  may  be  enforcd  by  any  appropriate  proceedings  by 
the  party  prevailing. 

Drafted  from  Sec.  3,  Act  of  May  31,  1913,  P.  L.  394.  The  remaining 
provisions  of  this  section  have  been  used  in  the  preceding  sections  of  this 
article. 

Section  340.  In  all  cases  of  appeal  from  the  report  or  audit  of 
township  auditors  to  the  court  of  common  pleas,  the  costs  shall 
abide  the  event  of  the  suit  as  in    other  cases. 

Drafted  from  Sec.  6,  Act  of  May  6,  1844,  P.  L.  564. 

Section  341.  Any  person  interested  may  except  to  the  rulings  of 
the  courts,  and  may  appeal  therefrom  to  the  Superior  or  Supreme 
Court,  as  in  other  cases. 

Drafted  from  Sec.  4,  Act  of  June  9,  1911,  P.  L.  865. 

Section  4  of  the  Act  of  1911  supplies  the  Act  of  May  11,  1901,  P.  L.  185, 
so  far  as  it  relates  to  townships  and  also  Sec.  4  of  the  Act  of  May  3,  1909, 
P.  L.  392. 

Section  4  of  the  Act  of  1911  permits  exceptions  to  any  ruling  or  decision 
of  the  .court  of  common  pleas  on  appeal.  There  is  no  authority  to  except 
to  the  form  or  substance  of  the  auditor's  report.  Dallas  Borough  Auditor'* 
Report,  23  D.  R.  1068. 


61 
CHAPTER  VI 

TOWNSHIP  OFFICERS. 
ARTICLE  VII. 
TOWNSHIP  POLICE. 

Section  355.  Upon  the  petition  of  twenty-live  taxpayers  of  any 
township,  to  the  court  of  quarter  sessions,  representing  that  the 
safety  of  the  citizens  and  the  security  of  property  requires  the  ap- 
pointment of  one  or  more  deputy  constables  to  act  as  policemen,  the 
court  shall  consider  said  petition.  If  satisfied  of  the  reasonableness 
and  propriety  of  the  application,  the  court  shall  make  appointments 
for  such  time  as  to  it  may  seem  proper. 

Keepers  of  jails,  lockups,  or  station-houses  shall  receive  all  persons 
arrested  by  such  policemen  for  the  commission  of  any  offence  against 
the  laws  of  this  Commonwealth  within  the  township  for  which  they 
are  appointed. 

Drafted  from  Sec.  1,  Act  of  May  9.  18,80.  P.  L.  156. 

See  also  Sees.  1508  to  1513  inclusive  for  the  Act  of  April  5,  1017,  P.  L. 
47,  relating  to  the  same  subject. 

Where  a  deputy  constable  has  been  appointed  by  the  court  under  the 
township  code,  a  petition  for  a  decree  authorizing  the  supervisor  to  appoint 
"one  or  more  electors  to  act  as  policemen,"  as  provided  by  the  Act  of  April 
5,  1017,  P.  L.  47,  will  be  refused,  when  no  reason  is  assigned  for  the  removal 
of  the  incumbent  or  any  necessity  shown  for  an  additional  officer.  Ap- 
pointment of  Special. Policemen  for  Second  Class  Township,  22  Lack.  J.  173. 

Section  356.  Such  deputy  constables  shall  possess  and  exercise 
all  the  powers  of  policemen  of  cities,  in  the  several  townships  in 
which  they  are  appointed. 

Drafted  from  part  of  Sec.  1,  Act  of  -May  0,  1880,  I'.  L.  156. 

Section  357.  Such  deputy  constables  shall,  when  on  duty,  wear 
a  shield  with  the  words  "township  police"  and  the  name  of  the  town- 
ship inscribed  thereon. 

Drafted  from  See.  2,  Act  n(  May  0,  18S0,  P.   L.  15i/». 

Section  358.  The  deputy  constables  shall  be  paid  such  compensa- 
tion out  of  the  township  funds  as  may  be  approved  by  the  court  of 
quarter  sessions.  They  may  be  discharged  whenever  the  court  ap- 
pointing them  is  satisfied  that  their  services  are  no  longer  required. 

Drafted  from  Sec.  o',  Act  of  May  0.  1SS0,  P.  L.  156. 

The  provision  that  the  compensation  of  the  deputy  constable  shall  be 
paid  out  of  the  township  funds  has  been  inserted  in  view  of  the  holding  in 
Adams  v.  Swendon  Township,  9  D.  R.  .'(50,  and  Commonwealth  ex  rcl.  Soun- 
ders vs.    Upper  Providence  Township,    13   D.   R.   736. 


62 
CHAPTER  VI 

TOWNSHIP  OFFICERS. 

ARTICLE  VIII. 

TAX   COLLECTORS,  ASSESSORS,  AND   ASSISTANT 

ASSESSORS. 

Section  365.  The  tax  collector  of  townships  of  the  second  class 
shall  collect  all  state,  county,  township,  school,  poor,  and  other  taxes 
levied  within  townships  of  the  second  class  by  authorities  empowered 
to  levy  taxes.  He  shall,  in  addition  to  the  powers,  duties,  respon- 
sibilities, and  compensation  enumerated  in  chapter  eight,  article 
two,  have  all  the  powers,  perforin  all  the  duties,  be  subject  to  all 
the  obligations  and  responsibilities,  and  receive  the  same  compensa- 
tion for  collecting  such  taxes  other  than  township  taxes,  as  are  now 
vested  in,  conferred  upon,  or  imposed  upon  or  received  by, -collectors 
of  the  several  classes  of  taxes  hereinbefore  mentioned. 
This  section  is  declaratory  of  the  existing  law. 

Section  366.  The  collector  of  taxes  of  townships  of  the  second 
class  shall,  before  he  enters  upon  the  duties  of  his  office,  take  and 
subscribe  an  oath  of  office  and  file  the  same  in  the  office  of  the  court 
of  quarter  sessions,  and  shall  annually  enter  into  a  bond  to  the  Com 
monwealth,  in  not  more  than  the  amount  of  taxes  charged  and  as- 
sessed in  the  duplicates,  with  at  least  two  sufficient  sureties  or  one 
trust  or  bonding  company.  The  bond  shall  be  approved  by  the  court 
of  quarter  sessions  and  shall  be  filed  in  the  office  of  the  clerk  of  said 
court.  The  condition  of  the  bond  shall  be,  that  the  collector  shall 
Avell  and  truly  pay  over  or  account  for  the  whole  amount  of  taxes 
charged  and  assessed  in  the  duplicates  which  shall  be  delivered  to 
him.  This  bond  does  not  cover  the  collection  and  payment  over  of 
school  taxes. 

Drafted  from  Sec.  1,  Act  of  May  8,  1909.  P.  L.  474,  amending  Sec.  3, 
Act  of  June  25,  1885,  P.  L.  187.  It  also  includes  the  last  provision  of  Sec. 
1,  Act  of  June  6,  1893,  P.  L.  333. 

The  provision  that  the  section  shall  not  apply  to  the  bond  required  for  the 
collection  of  school  taxes  has  been  inserted,  as  provision  for  this  bond  has 
been  made  in  the  School  Code  of  1911. 

The  provision  that  the  bond  may  be  approved  by  "the  judge  thereof  in 
vacation,"  was  repealed  by  the  Act  of  June  6,  1893.  P.  L.  333.  Common- 
wealth vs.  Commissioners  of  Bedford  County,  6  Super.  Ct.  211.  This  of 
course  applies  to  the  original  section  3  of  the  Act  of  1885. 

Quaere:     Whether  the  provision  was  reenacted  by  the  Act  of  1909? 

Section  1  of  the  Act  of  1909  supplies  Section  43  of  the  Act  of  April  15. 

1834,  P.  L.  509. 


(13 

Section  367.  The  assessors  of  townships  of  the  first  and  second 
class,  and  the  assistant  assessors  of  townships  <►('  the  first  class, 
whose  election  is  provided  for  in  chapter  live  of  this  act,  shall  have 
all  the  powers,  perform  all  the  duties,  be  subject  to  all  the  obligations 
and  responsibilities,  and  receive  the  same  compensation  as  is  pro- 
vided for  by  existing  law. 

This  section  is  declaratory  of  the  existing  law,  inserted  here  to  complete 
the  chapter  on  Township  Officers. 


64 


CHAPTER  VII 

GENERAL  POWERS. 

ARTICLE  I. 

OF  TOWNSHIPS  OF  THE  FIRST  CLASS. 

Section  380.     Townships  of  the  first  class  may — 

I.  Sue  and  be  sued  by  the  name  of  the  township  of 

II.  Take  and  hold  real  estate  within  their  limits,  and  also  per- 
sonal property.  Such  real  and  personal  estate  shall  be  taken  and 
held  only  for  the  benefit  of  the  inhabitants  of  the  township,  and  for 
such  objects  and  purposes  as  township  rates  and  levies  are  author- 
ized by  law  to  be  laid  for. 

III.  Make«such  contracts  as  may  be  necessary  for  carrying  into 
execution  the  provisions  of  this  act. 

Drafted  from  Sec.  3,  Act  of  April  15,  1834,  P.  L.  537. 

Section  381.  The  corporate  power  of  the  township  of  the  first 
class  shall  be  vested  in  the  board  of  township  commissioners.  The 
board  shall  have  power — 

Drafted  from  Par.  1,  Sec.  7,  Act  of  April  29,  1899,  P.  L.  104. 

I.  To  adopt  by-laws  and  ordinances  prescribing  the  manner  in 
which  the  powers  of  the  township  shall  be  carried  out,  and  generally 
regulating  the  affairs  of  the  township.  All  such  ordinances,  unless 
where  otherwise  provided  in  this  act,  shall  be  published  at  least 
once  a  week  for  two  consecutives  weeks  in  one  newspaper  of  general 
circulation  published  in  the  township,  or,  if  there  be  no  such  news- 
paper, in  a  newspaper  of  general  circulation  published  in  the  munici- 
pality nearest  to  the  township.  Such  ordinance  shall  not  become 
effective  until  ten  clays  after  the  second  publication  aforesaid. 

Drafted  from  Clause  VIII,  Sec.  7,  Act  of  April  28,  1899,  P.  L.  104. 

II.  To  prescribe  fines  and  penalties,  not  exceeding  fifty  dollars 
in  any  instance,  for  the  violation  of  township  ordinances,  which  fines 
and  penalties  may  be  collected  by  suit  brought  in  the  name  of  the 
township  before  any  justice  of  the  peace,  in  like  manner  as  debts  of 
like  amount  may  be  sued  for  by  existing  laws. 

Drafted  from  Sec.  1,  Act  of  April  19,  1905,  P.  L.  221,  amending  Sec.  7, 
Clause  TX.   Act   ,.f  April  28,   1899.   P.   L.  104. 


65 

[II.  To  establish  and  maintain  a  night-watch  and  police  force, 
and  to  define  the  duties  of  the  same. 

Drafted   from   Sec   1,   Art   of  July  9,   1901,   P.    L.  627,  amending  Sec.  7, 
Clause  V,  An  of  April  28,  1899,  P.  L.  104. 

IV.  To  provide  for  the  erection  or  purchase  of  a  Lockup  or  watch- 
house,  for  the  detention  of  vagrants  and  persons  arrested  until  they 
can  be  taken  before  a  justice  of  the  peace  for  hearing,  or  be  commit- 
ted to  prison  or  be  discharged. 

Drafted   from   Sec.   1,   Act   of  July  9,  1001,    I'.   L.  627,   amending  Sec.  7. 

Clause  V.  Act  of  April  lis.  1899,   P.  L.  104. 

Y.  To  arrest  and  confine,  and  to  set  to  work  on  the  roads  or  else 
where,  all  vagrants  found  in  the  township. 

Drafted   from    Sec.   1.   Acl    .if  .lul.v   !).   1901,    P.   L.   627,   amending   Sec.   7. 
Clause  V.  Ad   of  April  28,  1899,    1'.  P.  KM. 

VI.  To  take  all  needful  means  for  securing  the  safety  of  persons 
or  property  within  the  township. 

Drafted   from   Sec.   1.   Act    of  July  !>.   1901,    P.    L.  627,   amending  Sec.  7, 
Clause  V,  Act  of  April  28,   1899,   P.  L.  KM. 

VII.  To  regulate  and  prohibit  shows,  circuses,  and  public  amuse- 
ments of  all  sorts. 

Drafted  from   Sec.   1.   Act    of  .Inly   !).   1901,   P.   L.  0127,   amending  Sec.   7, 
Clause   V.   Act   of  April  28,  1899.  P.  L.  104. 

VIII.  To  purchase  tools,  implements,  machinery,  timber,  and 
materials  necessary  for  the  making,  paving',  and  repairing  of  streets 
and  highways,  and  to  employ  sufficient  number  of  laborers  to  make 
and   repair   the  same. 

Drafted  from   Sec.  10,  Act   of  April  28,   1899,   P.  L.  104,  and   Sec.  127.  Act 
of  June  13,  1836,  P.  L.  551. 

IX.  To  prohibit  or  regulate  the  running  at  large  of  animals. 

Drafted  from  Sec.  7.  Clause  IV.  Act  of  April  28,  1899,  P.  L.  104. 

X.  To  pass  ordinances  taxing  the  owners  and  harborers  of  dogs, 
and  to  provide  for  the  destruction  of  all  dogs  found  at  large  con- 
trary to  any  ordinance. 

Drafted   from    Sec.   1.   Act    of  .May   11.   1915,    P.    L.  520. 

XL  To  make  regulations  respecting  pigpens,  slaughter-houses, 
manure-pits,  drains,  cesspools,  and  manufactories  that  are 'Offensive, 
to  abate  nuisances  prejudicial  to  public  health  and  public  safety, 
and  to  collect  the  cost  of  such  abatement  from  the  person  responsible. 

Drafted  from  See.  7.  Clause  IV.  Act  of  April  28,  1899,  P.  L.  104. 

5 


6fi 

XII.  To  provide,  by  contract  or  otherwise,  for  the  collection  and 
removal  of  ashes  and  garbage. 

Drafted  from  Sec.  1,  Act  of  June  25,  1913,  P.  L.  561. 

XIII.  To  erect  watering-troughs  along  the  highways,  at  an  ex- 
pense not  exceeding  twenty  dollars,  and  to  keep  the  same  in  repair. 

Drafted  from  Sec.  3,  Act  of  April  28,  1876,  P.  L.  51. 

t 

For  additional  provisions  relating  to  the  erection  of  watering  troughs, 
see  appendix,  chapter  on  roads,  highways  and  bridges,  subdivision  (q). 
sections  1852  to  1855  inclusive. 

XIV.  To  establish  lights  along  the  highways  wherever  deemed 
expedient. 

Drafted  from  Sec.  1,  Act  of  May  24,  1901,  P.  L.  297,  amending  Sec.  7, 
Clause  I,  Act  of  April  28,  1899,  P.  L.  104. 

Remaining  part  of  this  section  will  be.  found  under  the  subject  of  roads. 

XV.  To  establish  lights  on  and  along  State  highways  and  turn- 
pike roads  running  through  such  townships.  No  such  lights  shall  be 
established  upon  State  highways,  or  upon  turnpike  roads  under  the 
jurisdiction  of  the  State  Highway  Department,  until  a  permit  has 
first  been  obtained  from  the  State  Highway  Commissioner. 

Drafted  from  Sec.  1,  Act  of  July  7,  1913,  P.  L.  671. 

XVI.  To  take  measures  for  the  extinguishment  of  fires,  either  by 
making  annual  appropriations  towards  the  maintenance  of  fire-com- 
panies or  in  such  other  manner  as  said  board  of  commissioners  may 
deem  proper ;  and  to  ordain  rules  and  regulations  for  the  government 
of  such  fire-companies  and  their  officers,  and  to  regulate  the  method 
to  be  followed  in  the  extinguishment  of  fire. 

Drafted  from  Sec.  1,  Act  of  May  1,  1913,  P.  L.  144. 

XVII.  To  enter  into  contracts  with  any  person  or  corporation  to 
supply  water  for  fire  protection,  for  a  period  not  exceeding  twenty 
years.  No  such  contract  shall  be  exclusive  as  against  the  right  of 
any  other  water  company,  nor  interfere  with  the  right  of  such  tOAvn- 
ship  to  erect,  maintain,  and  operate  its  own  water  works. 

Drafted  from  Sec.  1,  Act  of  July  9,  1901,  P.  L.  627,  amending  Sec.  7, 
Clause  V,  Act  of  April  28,  1899,  P.  L.  104. 

See  also  Sees.  1180  to  1207  inclusive,  and  in  appendix  Chap.  XLI,  Sees. 
2009  to  2011  inclusive. 

This  clause  expressly  authorizes  the  township  commissioners,  of  townships 
of  the  first  class,  to  enter  into  contracts  with  any  person  or  corporation  to 
supply  water  for  fire  protection.  The  Public  Service  Commission  has  power 
to  determine  the  fair  and  reasonable  rates  to  which  the  water  company  is 
entitled  under  such  a  contract:  Springfield  Township  r.  Public  Service 
Commision,  74  Super.  Ct.  217. 


67 

XVIII.  To  purchase  and  maintain  engines  for  the  extinguish- 
ment of  lire,  and  to  make  rules  and  regulations  for  the  manage 
ment  of  same. 

Drafted   from   Sec    1,   A.-t   >,(  July  9,   1901,  P.   L.  627,  amending  Sec.  7, 
Clause  V.  An  of  April  28,  1899,  P.  L.  104. 

XIX.  To  provide  and  maintain  a  suitable  place  for  the  housing 
of  engines,  hose-carts,  and  other  apparatus  for  the  extinguishment 
of  fire.  No  such  building  shall  be  erected  or  maintained  without 
obtaining  the  assent  of  the  electors  thereof,  expressed  at  an  election 
to  be  held  at  the  place,  time,  and  under  the  same  regulations,  as 
provided  by  law  for  the  holding  of  municipal  elections.  At  such 
election  the  judges,  inspectors,  and  clerks  shall  receive  tickets  from 
the  electors,  which  shall  be  prepared  in  the  manner  prescribed  by 
the  general  election  law.  Tn  receiving  and  counting  and  in  making 
returns  of  the  votes  cast  the  inspectors,  judges,  and  clerks  of  said 
election  shall  be  governed  by  the  laws  of  this  Commonwealth  regulat- 
ing municipal  elections,  and  the  vote  shall  be  counted  by  the  court 
as  is  now  provided  by  laws  for  municipal  elections.  The  constables 
of  the  township,  by  direction  of  the  board  of  township  commissioners, 
shall  issue  proclamation,  ten  days  prior  to  date  of  the  municipal 
election,  stating  that  the  qualified  electors  will  vote  "For  or  against 
building  a  fire-engine  house." 


Drafted  from  Sec.  1,  Act  of  March  18,  1909,  P.  L.  40. 
services. 


i-raireci   iroin   oec.   ±,  .o.ci  oi  lviarcii   xo,   ±wv,   i  .  ij.  iu. 

XX.     To  appropriate  moneys  for  the  expenses  of  Memorial  Day 


Drafted  from  Sec.  1,  Act  of  June  25,  1895,  P.  L.  298. 

XXI.  To  appropriate  money  or  convey  land,  either  independent ly 
or  in  connection  with  any  county,  city,  town,  borough,  or  township 
to  the  Commonwealth  of  Pennsylvania,  for  the  purpose  of  assisting 
the  Armory  Board  of  the  Commonwealth  in  the  erection  of  armories 
for  the  use  of  the  National  Guard,  and  to  furnish  water,  light,  or 
fuel,  free  of  cost  to  the  Commonwealth,  for  use  in  any  armory, 
and  to  do  all  things  necessary  to  accomplish  the  purposes  of  this 
(da  use. 

Drafted  from  Sec.  1,  Act  of  March  15,  1900.   P.  L.  33. 

This  clause  was  incorporated  in  the  code  following  the  decisions  in  Dare 
r.  County  Commissioners,  23  Pa.  C.  C.  6^6,  and  Dreese  v.  Freed,  )  I  Pa. 
C.   C.  2^2,  which  hold  that  the  term  "municipality"   includes   a   township. 

XXII-  To  take  by  right  of  eminent  domain,  for  the  purpose  of 
appropriating  to  themselves,  for  the  use  of  the  National  Guard  of 
Pennsylvania,  such  public  lands,  easements,  and  public  property  as 
may  be  in  their  possession  or  control,  and  used  or  held  by  them  for 


68 

any  other  purpose.  Such  right,  however,  shall  not  be  exercised  ;is 
to  any  street  or  highway  or  wharf,. but  all  other  public  easements 
and  property  may  be  appropriated  and  used  for  the  purpose  herein 
provided,  any  limitation  of  the  use  thereof  by  the  township,  either 
by  donation,  dedication,  appropriation,  statute,  or  otherwise,  to  the 
contrary  notwithstanding. 

Drafted  from  Sec.  1,  Act  of  June  20,  1895,  P.  L.  332. 

This  clause  was  incorporated  in  the  code  following  the  decisions  in  Dare 
v.  County  Commissioners,  23  Pa.  C.  C.  6)6,  and  Dreese  v.  Frtcd,  J{2  Pa.  C. 
0.  2'iJ,   which  hold  that  the  term  "municipality"  includes  a  township. 

XXIII.  To  make  regulations  for  the  construction  of  new  build- 
ings and  repair  of  old  ones,  and  to  require  that  before  the  work 
begins  municipal  approval  of  the  plans  and  specifications  therefor 
be  secured,  and  to  provide  for  the  inspection  of  such  construction 
and  repair,  including  the  appointment  of  o/ne  or  more  building  in- 
spectors ;  to  prescribe  limits  wherein  none  but  buildings  of  noncom- 
bustible  material  and  fire-proof  roofs  shall  be  erected  or  substantial- 
ly reconstructed  or  removed  thereinto,  and  to  provide  penalties  for 
the  violation  of  such  regulations.  Any  building  erected,  reconstruct- 
ed, or  removed  contrary  to  the  provisions  of  any  ordinance  parsed 
for  any  of  the  purposes  specified  in  this  clause,  is  declared  to  be  a 
public  nuisance  and  abatable  as  such. 

(Amendment  of  June  6,  1919,  P.  L.  424.) 
This  clause  is  new. 


GU 


CHAPTER  VII 

GENERAL  POWERS. 

ARTICLE  II. 

OF  TOWNSHIPS  OF  THE  SECOND  CLASS. 

Section  385.     Tqwnships  of  the  second  class  may — 

I.  Sue  and  he  sued  by  the  name  of  the  township  of 

II.  Take  and  hold  real  estate  within  their  limits,  and  also  person- 
al property.  Such  real  and  personal  estate  shall  he  taken  and  held 
only  for  the  benefit  of  the  inhabitants  of  the  township,  and  for  such 
objects  and  purposes  as  townships  rates  and  levies  are  authorized 
by  law,  to  be  laid  for. 

III.  Make  such  contracts  as  may  he  necessary  for  carrying  into 
execution  the  provisions  of  this  act. 

Drafted  from  Sec.  3,  Act  of  April  15,  1834,  P.  L.  537,  so  as  to  restrict 
its  provisions  to  townships  of  the  second  class. 

Section  386.  The  corporate  power  of  townships  of  the  second  class 
shall  he  exercised  by  the  township  supervisors.  They  shall  have 
power — 

Drafted  from  Sec.  4.  Act  of  April  15,  1S34,  P.  L.  537. 

I.  To  light  and  illuminate  the  streets,  highways,  and  other  public 
places  of  the  township  with  electric  lights,  gas,  or  other  illuminat- 
ing medium,  and  to  provide  for  defraying  the  cost,  charges,  and 
expenses  thereof;  and  for  such  purposes  to  enter  into  contracts  or 
agreements  with  any  person,  copartnership,  association,  or  corpor- 
ation, for  a  period  not  exceeding  five  years,  for  the  purpose  of  secur- 
ing and  maintaining  a  supply  of  light. 

Drafted  from  Sec.  2,  Act  of  April  15.  1909,  P.  L.  168. 

IT.  On  the  petition  of  the  owners  of  a  majority  of  the  lineal  feet 
frontage  along  any  highway  or  portion  thereof  in  any  village  within 
the  township,  to  enter  into  contract  with  electric,  gas.  or  other 
lighting  companies  to  light  and  illuminate  the  streets,  highways, 
and  other  public  places  in  said  villages  with  electric  light,  gas  light, 
or  other  illuminant. 

The  township  supervisors  shall  levy,  for  the  maintenance  of  said 
lights,  an  annual  tax  upon  the  property  abutting  upon  the  said 
highways  and  other  public  places  in  the  district  benefited  thereby, 
bused  upon  the  assessment   for  county  purposes.     Such  tax  shall  be 


70 

collected  in  the  same  maimer  as  other  taxes.  The  collector  of  taxes 
shall  receive  the  same  commission  as  on  the  road  tax.  No  such  tax 
shall  be  levied  against  any  farm  land,  nor  against  any  property  the 
residence  upon  which  shall  be  more  than  five  hundred  feet  from  such 
highway. 

The  township  treasurer  shall  receive  all  such  taxes  collected  for 
lighting  the  highways,  shall  keep  the  same  in  a  separate  account, 
and  pay  out  the  same  only  upon  orders  signed  by  the  chairman  of  the 
to/wnship  supervisors,  attested  by  the  secretary.  The  treasurer  shall 
make  a  report  to  the  auditors  of  the  township  annually. 

Drafted  from  Sees.  1,  2  and  3,  Act  of  May  28,  1913,  P.  L.  371. 

III.  On  the  petition  of  the  owners  of  a  majority  of  the  lineal  feet 
frontage  along  any  highway  or  portion  thereof  in  any  village  with- 
in the  township,  to  enter  into  contract  with  water  companies  for 
the  placing  of  fire-hydrants  along  said  highway,  for  the  protection 
of  property  from  fire. 

The  supervisors  shall  levy,  for  the  maintenance  of»  such  fire- 
hydrants  and  for  the  purchase  of  hose,  et  cetera,  an  annual  tax  upon 
the  property  abutting  upon  said  highway  in  the  district  benefited 
thereby,  based  upon  the  assessment  for  county  purposes.  Such  tax, 
shall  be  collected  in  the  same  manner  as  other  taxes.  The  collector 
shall  receive  the  same  commission  as  on  the  road  tax. 

The  township  treasurer  shall  receive  all  such  taxes  collected  for 
fire  protectioln,  and  keep  the  same  in  a  separate  account,  and  pay 
the  same  out  only  upon  orders  signed  by  the  chairman  of  the  board 
of  supervisors,  attested  by  the  secretary.  The  treasurer  shall  make 
a  report  to  the  auditors  of  the  township  annually. 

Drafted  from  Sees.  1,  2  and  3,  Act  of  May  25,  1907,  P.  L.  231. 

See  also  on  water  supply  sections  1205  to  1207  inclusive,  and  in  appendix, 
chapter  XLI,  sections  2009  to  2011  inclusive. 

Where  a  water  company  furnishes  water  for  fire  protection  to  the  in- 
habitants of  a  township  of  the  second  class,  without  having  a  .contract  with 
the  supervisors,  the  township  is  not  responsible  for  the  water  tax.  The 
supervisors  have  no  authority  to  levy  a  general  tax,  or  to  incur  indebtedness, 
for  such  fire  protection  service:  Springfield  Township  v.  Public  Service 
Commission,  74  Super.  Ct.  220. 

IV.  To  purchase  such  timber,  material,  machinery,  road-drags, 
tools,  and  implements  as  shall  be  necessary  for  making  and  repair- 
ing roads  and  bridges,  and  to  employ  sufficient  number  of  laborers 
to  make  and  repair  the  same. 

All  contracts  for  the  purchase  of  power-rollers,  traction-engines, 
stone-crushers,  concrete-mixers,  or  road  machines  for  grading  or 
scraping  shall  be  made  only  after  consultation  with  the  assistant 
engineer  of  township  highways  of  the  State  Hightway  Department, 
and  no  such   contract  shall  be  valid   unless  it  shall  be  approved 


71 

and  signed  by  the  Township  Commissioner  of  the  Stale   Highway 
Department. 

(Amendmenl   of  -May    L6,  1!»lM,  P.  L.  G<;4.) 

Drafted  from  Sec.  8,  An  of  July  22,  1913,  P.  L.  915,  and  Sec.  27,  Act 
of  June  13,  1836,  P.  L.  551. 

This  clause  was  twice  amended  at  the  session  of  1921. 

The  purpose  of  the  above  amendment  was  to  require  the  consultation  of 
the  assistant  engineer  of  township  highways,  and  the  signing  of  contracts 
by  the  township  commissioner. 

IV.  To  purchase  such  timber,  material,  equipment,  machinery, 
road-drags,  tools,  and  implements  as  shall  be  necessary  for  making 
and  repairing  roads  and  bridges,  to  employ  sufficient  number  of 
Laborers  to  make  and  repair  the  same,  and  to  contract  for  the  con- 
struction, reconstruction,  and  improvement  of  roads. 

All  contracts  for  the  construction,  reconstruction,  and  improve- 
ment of  roads,  and  for  the  purchase  of  materials  used  in  such  work, 
and  for  the  purchase  of  equipment  and  machinery,  shall  be  submitted 
to  the  township  commissioner  of  the  State  Highway  Department, 
for  approval  or  disapproval,  before  such  contracts  are  actually 
entered  into,  and  no  such  contract  shall  be  valid  unless  it  shall  be 
approved  and  signed  by  the  township  commissioner. 

No  purchase  o/f  materials,  and  no  purchase  of  equipment  and 
machinery,  which  shall  involve  the  expenditure  of  more  than  one 
hundred  dollars  ($100)  shall  be  made  except  by  contract  in  writing. 
An  itemized  report  of  all  purchase  of  materials,  and  of  all  pur- 
chases of.  and  repairs  to,  equipment  or  machinery,  made  by  the  town- 
ship supervisors,  involving  an  expenditure  of  less  than  one  hundred 
dollars  ($100).  and  made  without  a  contract  in  writing,  shall  be 
certified  to  the  township  commissioner. 

No  payment  for  work  done  under  a  contract  for  the  construction, 
reconstruction,  and  improvement  of  roads  or  bridges  shall  be  made 
until  an  estimate  of  the  work  done  has  been  made  and  submitted 
to  the  township  commissioner  of  the  State  Highway  Department 
for  his  approval  or  disapproval. 

(Amendment  of  May  17,  1921,  P.  L.  857.) 

Drafted  from  See.  8,  Act  of  July  22,  1913,  P.  L.  915,  and  Sec.  27,  Act 
of  Jnnc  13,  1836,  P.  L.  551. 

This  clause  was  twice  amended  at  the  session  of  1021. 

The  abovi  f.mendment  added  practically  all  of  the  matter  after  the  first 
paragraph. 

V.  To  erect  watering-troughs  along  the  highway,  at  an  expense 
not  exceeding  twenty  dollars,  and  to  keep  the  same  in  repair. 


72 

Drafted  from  Sec.  3,  Act  of  April  28,  1S7G,  P.  L.  51. 

For  additional  provisions  relating  to  watering  troughs,  see  appendix, 
chapter  on  roads,  highways  and  bridges,  subdivision  (q),  sections  1852  to 
1855  inclusive. 

VI.  To  appropriate  moneys  for  the  expenses  of  Memorial  Day 
services. 

Drafted  from  Sec.  1,  Act  of  June  25,  1895,  P.  L.  298. 

VII.  To  appropriate  money  or  convey  land,  either  independently 
or  in  connection  with  any  county,  city,  town,  borough,  or  township, 
to  the  Commonwealth  of  Pennsylvania,  for  the  purpose  of  assisting 
the  Armory  Board  of  the  Commonwealth  of  Pennsylvania  in  the 
erection  of  armories  for  the  use  of  the  National  Guard,  and  to 
furnish  water,  light,  or  fuel,  free  of  cost  to  the  Commonwealth,  for 
use  in  any  armory  of  the  National  Guard,  and  to  do  all  things  neces- 
sary to  accomplish  the  purposes  of  this  clause. 

Drafted  from  Sec.  1,  Act  of  March  15,  1909,  P.  L.  33. 

i 

VIII.  To  take,  by  right  of  eminent  domain,  for  the  purpose  of 

appropriating  to  themselves,  for  the  use  of  the  National  Guard  of 
Pennsylvania,  such  public  lands,  easements,  and  public  property  as 
may  be  in  their  possession  or  control,  and  used  or  held  by  them  for 
any  other  purpose.  Such  right,  however,  shall  not  be  exercised  as 
to  any  street  or  highway  or  wharf,  but  all  other  public  easements 
and  property  may  be  appropriated  and  used  for  the  purposes  herein 
provided;  any  limitation  of  the  use  thereof  by  the  township,  either 
by  donation,  dedication,  appropriation,  statute,  or  otherwise,  to  the 
contrary  notwithstanding. 

Drafted  from  Sec.  1,  Act  of  June  26,  1895,  P.L.  332. 

IX.  To  subscribe  for  not  more  than  three  publications  the  main 
subject-matter  of  which  pertains  to  good  roads  and  ro\ad  building. 
Such  publication  shall  be  for  the  joint  use  of  the  supervisors,  super- 
intendents, and  roadmasters  of  the  township. 

Drafted  from  Sec.  1,  Act  of  May  5,  1911,  P.  L.  165. 


7:; 


CHAPTER  VIII 

TAXATION,  FINANCE,  ROAD   FUND. 

ARTICLE  I. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

For  other  provisions  relating  to  taxation  see  Appendix,  Chapter  on 

Taxation,  sections  1534  to  1638. 

Seel  ion  390.  The  board  of  township  commissioners  of  townships 
of  the  first  class  shall  cadi  year,  within  sixty  days  after  the  first  Mon- 
day of  January,  estimate  the  several  amounts  of  money  which  will  be 
required  for  the  several  specific  purposs  of  township  government 
and  expenses  during  the  current  fiscal  year,  and  by  ordinance  appro- 
priate, out  of  the  revenues  available  for  the  year,  the  specific  sums 
required.  The  tax  levied  by  the  township  authorities  shall  be  fixed 
at  such  figure,  within  the  limit  fixed  by  law,  as,  with  all  other  sources 
of  revenue,  will  meet  and  cover  said  appropriations.  The  total  ap- 
propriation shall  not  exceed  the  revenues  available  for  the  fiscal 
year.  The  ordinance  shall  be  open  to  the  inspection  of  any  taxpayer 
of  .said  township,  or  his,  her,  or  its  authorized  representatives.  If 
the  funds  available  from  taxation  and  other  sources  shall  be  estimat- 
ed to  be  in  excess  of  the  requirements  of  the  current  fiscal  year,  an 
appropriation  may  be  made  for  the  payment  of  township  orders  or 
indebtedness  of  the  previous  year. 

Drafted  from  Sec.  1,  Act  of  April  27,  1909,  P.  L.  198,  which  supplements 
the  Act  of  April  28,  1899,  P.  L.  104. 

The  original  section  which  provided  for  appropriation  within  sixty  days 
after  the  organization  of  the  board  of  township  commissioners  has  been 
changed  to  within  sixty  days  after  the  first  Monday  of  January.  This 
change  was  occasioned  in  view  of  the  fact  that  the  commissioners  organized 
every  second  year  only. 

Section  391.  No  work  shall  be  hired  to  be  done,  no  materials  pur- 
chased, no  contracts  made,  and  no  orders  issued  for  the  payment  of 
any  moneys,  by  the  authorities  of  any  township  of  the  first  class,  in 
any  amount  which  will  cause  the  sums  appropriated  to  specific  pur- 
poses to  be  exceeded ;  nor  shall  any  orders  be  issued  against  any  ap- 
propriated fund  at  a  time  when  there  shall  not  be  sufficient  funds  in 
the  treasury  credited  to  such  fund  to  meet  such  orders.  No  change 
in  the  purpose  of  the  appropriations  shall  be  made,  unless  by  an 
ordinance,  which  shall  set  out  in  detail  the  reasons  for  and  character 
of  such  change.     Such  ordinance  shall  be  open  to  the  inspection  of 


74 

any  taxpayer,  or  his,  her,  or  its  authorized  representative.  Nothing 
in  this  section  shall  prevent  any  such  township  from  borrowing 
money  and  thereby  increasing  its  indebtedness  to  the  extent,  and  in 
the  manner,  in  which  municipal  districts  are  now  authorized  to  in- 
cur or  increase  the  same,  for  the  purpose  of  permanent  improve- 
ments. In  authorizing  the  issue  of  obligations  or  securities  for  such 
loans,  the  township  commissioners  shall  provide  that  moneys  sub- 
sequently derived  from  assessments  upon  parties  benefited  by  such  im- 
provements shall  be  deposited  in  the  sinking-fund  for  the  payment 
of  the  principal  and  interest  of  said  obligations.  If  any  wrork  shall 
be  done  for,  or  materials  furnished  to,  any  township  of  the  first  class 
contrary  to  the  provisions  of  this  act,  the  township  commissioners 
are  hereby  prohibited  from  authorizing  payment  therefor  as  a  moral 
obligation  or  otherwise. 

Drafted  from  Sec  3,  Act  of  April  27,  1909,  P.  L.  198,  supplementing  the 
Act  of  April  28,  1899,  P.  L.  104. 

Section  392.  No  contracts,  hirings,  or  purchases  made,  or  orders 
or  warrants  issued,  not  provided  for  by  an  appropriation  by  the 
township  commissioners  as  is  required  by  law,  or  which  would  cause 
any  appropriation  to  be  exceeded,  shall  be  valid. 

Drafted  from  Sec.  2,  Act  of  June  3,  1911,  P.  L.  626  supplementing  the 
Act  of  April  28,  1899,  P.  L.  104. 

Section  393.  All  contracts  or  purchases  made  by  any  township 
of  the  first  class,  involving  the  expenditure  of  over  five  hundred 
dollars,  shall  be  in  writing,  and  shall  be  made  with  the  lowest  fi- 
nancially responsible  bidder,  after  notice  by  the  secretary,  published 
once  a  week  for  three  weeks  in  one  or  more  newspapers  of  the  county 
circulating  in  the  township.  This  section  shall  not  apply  in  the 
case  of  any  township  of  the  first  class  repairing  its  public  highways, 
except  as  to  any  purchases  of  materials  or  equipment  for  the  pur- 
poses of  such  repairs. 

In  every  instance  in  which  any  contract  for  any  public  work,  con- 
struction, materials,  supplies,  or  other  matters  or  things,  for  any 
township  of  the  first  class  in  this  Commonwealth,  shall  be  awarded 
upon  competitive  bids,  it  shall  be  the  duty  of  the  authorities  author- 
izing the  same  to  award  said  contract  to  the  lowest  financially  re- 
sponsible bidder;  and  any  published  notice  for  bids  shall  contain 
full  plans  and  specifications,  or  refer  to  the  places  where  copies  there- 
of can  be  obtained,  and  give  the  time  and  place  of  meeting  of  said 
authorities  at  which  meeting  bids  shall  be  publicly  opened  and  read. 
If,  through  lack  of  a  quorum  or  other  reason,  no  meeting  shall  be 
held  at  such  time  and  place,  notice  of  the  same  kind  shall  be  repeat- 
ed for  the  subsequent  time  and  place  fixed,  and  the  foregoing  pro- 


75 

visions  as  to  bids  shall  apply.  The  same  course  shall  be  pursued  un- 
til a  meeting  shall  actually  be  held  for  receiving  and  opening  bids. 
Any  contract  made  in  violation  of  the  provisions  hereof  shall  be  void. 

Drafted  from  Sec.  1.  Act  of  May  23,  1913,  P.  L,  306,  amending  Sec.  4, 
Act  of  June  3,  1911,  I'.  L.  262,  which  was  a  supplement  to  the  Art  of  April 
28,  1899,  P.  L.  104. 

Section  394.  No  orders  or  indebtedness  of  any  previous  years 
shall  be  paid  out  of  the  funds  of  any  fiscal  year  except  as  provided  in 
the  first,  section  of  this  article,  unless,  after  the  close  of  the  fiscal 
year,  it  shall  be  ascertained  that  the  funds  appropriated  and  availa- 
able  therefor  are  in  excess  of  the  amount  required;  in  which  case, 
such  surplus  may  be  applied  to  such  former  orders  or  indebtedness. 
Any  township  treasurer  who  shall  pay- the  orders  or  indebtedness  of 
any  previous  year  except  as  herein  provided  shall  be  allowed  no 
credit  in  the  settlement  of  his  accounts  for  any  sum  so  paid  out,  nor 
shall  he  have  any  claim  or  right  of  action  against  the  township  there- 
for. 

Drafted  from  Section  4,  Act  of  April  27,  1909,  P.  L.  198. 

Section  395.  The  board  of  township  commissioners  may  borrow 
money  and  issue  evidences  of  indebtedness  therefor.  The  total  a- 
mount  of  indebtedness  so  created  shall  not  exceed  two  per  centum 
of  the  county  valuation  of  the  property  within  the  township,  with- 
out the  assent  of  the  electors  of  the  township.  The  rate  of  interest 
on  any  such  indebtedness  shall  not  exceed  six  per  centum.  No  in- 
debtedness shall  be  incurred  or  expenditure  authorized  except  by 
ordinance.  To  authorize  the  expenditure  of  more  than  one  hundred 
dollars  a  special  resolution  of  the  board  shall  be  necessary. 

When  any  township  of  the  first  class  shall  borrow  money  and  issue 
bonds  or  other  securities  therefor,  except  in  the  case  of  the  giving 
of  notes  for  temporary  loans  as  may  be  authorized  by  law,  the  com- 
missioners shall  sell  the  same  to  the  highest  bidder  after  public 
notice  by  advertisement,  once  a  week  for  three  weeks,  in  at  least  one 
newspaper  of  general  circulation  published  in  the  county  in  which 
such  township  shall  be  situated.  No  bid  for  such  bonds  or  securities 
at  less  than  their  par  value  shall  be  accepted. 

(Amendment  of  March  17.  1921,  P.  L.  36). 

The  first  clause  of  this  section  was  drafted  from  Section  7,  Clause  7,  of  the 
Act  of  April  28,  1899,  P.  L.  104.  The  second  clause  is  new.  The  amendment 
of  1921  changed  the  limit  of  the  rate  of  interest  on  township  indebtedness 
from  five  to  six  per  centum. 

Section  396.  All  disbursements  in  discharge  of  township  indebted 
ness  duly  incurred  shall  be  made  by  the  township  treasurer,  by 
virtue  of  warrants  or  orders  drawn  on  him  by  the  order  of  the  board 


76 

of  township  commissioners,  attested  by  the  president  or  vice-presi- 
dent and  secretary  of  the  board.  The  board  shall  prescribe  by  ordi- 
nance the  manner  in  which  bills  for  township  indebtedness  shall  be 
approved  for  payment. 

Drafted  from  Sec.  8,  Act  of  April  28,  1899,  P.  L.  104. 

Section  397.  The  board  of  township  commissioners  may  levy  taxes 
upon  all  property  and  upon  all  occupations  within  the  township 
made  taxable  for  township  purposes,  as  ascertained  by  the  last  ad- 
justed valuation  for  county  purposes,  for  the  purposes  and  at  the 
rates  hereinafter  specified,  namely: 

One.  An  annual  tax  for  township  purposes,  not  exceeding  ten 
mills,  unless  the  board  of  township  commissioners  by  unanimous 
action  shall,  upon  due  cause  shown,  by  resolution,  petition  the  court 
of  quarter  sessions,  in  which  case  the  court  may  order  a  rate  of  not 
more  than  five  mills  additional  to  be  levied :  Further  provided,  That 
if,  at  the  hearing  before  the  court  of  quarter  sessions  upon  said  peti- 
tion, which  hearing  is  hereby  directed  to  be  held  not  less  than  ten 
nor  more  than  fifteen  days  after  said  petition  shall  be  presented,  the 
owners  of  real  estate  having  assessed  valuation  of  fifty  per  centum 
of  the  total  assessed  valuation  of  real  estate  in  said  township  shall, 
by  petition,  object  to  the  making  of  an  order  for  any  additional  tax 
levy,  the  court  shall  thereupon  deny  the  prayer  of  said  petition. 

Two.  A  tax  for  the  purpose  of  building  and  maintaining  a  suit- 
able place  for  the  housing  of  fire  apparatus. 

Three.  An  annual  tax,  not  exceeding  one-tenth  of  one  mill,  for 
the  purpose  of  caring  for  tress  planted  under  the  supervision  of  the 
shade-tree  commission,  and  for  the  purpose  of  publishing  notices  of 
meetings  to  consider  the  planting,  removing,  or  changing  of  trees. 
In  lieu  of  the  tax  provided  for  in  this  clause,  the  township  commis- 
sioners may,  by  specific  appropriation,  provide  for  the  maintenance 
of  such  trees  from  the  general  funds  of  the  township. 

Four.  An  annual  tax  so  long  as  necessary,  not  exceeding  fifty  per 
centum  of  the  rate  of  assessment  for  township  purposes,  for  the  pur 
pose  of  procuring  a  lot  and  erecting  a  building  thereon  for  a  town- 
house,  and  for  the  payment  of  indebtedness  incurred  in  connection 
therewith:  Provided,  The  total  indebtedness  for  the  payment  of 
which  any  such  tax  shall  be  levied  shall  not  exceed  one-half  of  one 
per  centum  of  the  assessed  value  of  real  estate  in  the  township. 

This  article  does  not  include  the  levy  of  any  taxes  upon  particular 
districts,  or  parts  of  any  township,  for  particular  purposes. 

(Amendment  of  May  16,  1921,   P.   L.  575). 

The  first  clause  of  this  original   section  was  drafted   from    section   7,   Act 
of  April  28,  1899,  P.  L.  104. 


77 

The  portion  of  the  clause  following  the  words  "ten  mills"  was  added  by 
the  amendment. 

The  second  clause  of  this  original  section  was  drafted  from  section  1.  An 
of  March  18,  1  !H>!>,  P.  L.  40. 

The  third  clause  of  this  original  section  was  drafted  from  section  5,  Act 
nf  May  31,  1907,  P.  L.  349. 

The  fourth  clause  of  this  original  section  was  drafted  from  section  3,  Act 
of  June  20,  1895,  P.  L.  324.  The  clause  originally  provided  that  the  tax 
levied  was  aol  to  exceed  fifty  per  centum  of  the  rate  of  assessment  for  road 
purposes.  This  was  changed  to  township  purposes  by  the  amendment, 
which  also  added  the  proviso  that  "the  total  indebtedness  for  the  payment 
of  which  any  such  tax  shall  be  levied  shall  not  exceed  one-half  of  one  per 
centum  of  the  assessed  value  <d'  real  estate  [n  the  township." 

Section  308.  In  addition  to  the  levies  provided  for  in  the  pre- 
ceding section,  when  it  is  shown  to  the  court  of  quarter  sessions  that 
the  dehts  due  by  any  township  exceed  the  amount  which  the  township 
commissioners  may  collect  in  any  year  by  taxation,  the  court  after 
ascertaining  the  amount  of  indebtedness  of  any  such  township,  may 
by  a  writ  of  mandamus  direct  the  township  commissioners,  by  special 
taxation,  to  collect  an  amount  sufficient  to  pay  the  same.  If  the 
amount  of  such  indebtedness  is  so  large  as  to  render  it  unadvisable 
to  collect  the  same  in  any  one  year,  taking  into  consideration  other 
necessary  taxation,  the  court  may  direct  the  same  to  be  levied  and 
collected  by  animal  instalments,  and  may  order  such  special  taxes 
to  be  levied  and  collected  daring  sueh  successive  years  as  may  be  re- 
quired for  payment  of  the  same. 

Drafted  from  Sec.  1,  Act  of  March  31,  1864,  P.  L.  102. 

Section  399.  iAis  soon  as  possible  after  the  receipt  of  the  duplicate 
from  the  county  commissioners,  as  provided  in  the  act  of  May  fifth, 
one  thousand  nine  hundred  fifteen,  entitled  "An  act  requiring  the 
county  commissioners  to  furnish  to  townships  of  the  first  class  du- 
plicates of  the  adjusted  valuation  for  taxation  purposes  within  such 
townships,"  the  board  of  township  commissioners  shall  deliver  a  du- 
plicate of  the  assessment  of  township  taxes  to  the  township  treasur- 
er, together  with  their  warrant  for  the  collection  of  the  same. 

Drafted  from  part  of  Sec.  15,  Act  of  April  28,  1899,  P.  L.  104. 

The  clause  relating  to  the  receipt  of  the  duplicate  from  the  county  com- 
missioners is  new-  and  affects  the  time  of  the  delivery  of  the  assessment  of 
taxes  to  the  treasurer. 

The  provisions  of  the  Act  of  May  5,  1915,  P.  L.  258,  are  found  in  the 
appendix  under  the  subject  of  taxation,  subdivision   (e),  section  1556. 

Section  400.  As  soon  as  possible  after  the  receipt  of  the  duplicate 
the  treasurer  shall  give  public  notice  thereof  by  at  least  ten  written 
or  printed  notices,  to  be  posted  in  public  places  in  the  township,  and 


78 

by  advertisement  in  a  newspaper  published  in  the  township,  if  any 
such  there  be,  that  the  duplicate  has  been  issued  and  delivered  to 
him. 

(Amendment  of  May  11.  1921,  P.  L.  482,  sec.  1). 

Drafted  from  part  of  Sec.  15,  Act  of  April  28,  1899,  P.  L.  104,  which 
section  however,  did  not  state  what  the  notice  should  contain.  The  clause 
remedying  this  ambiguity  was  drafted  from  section  1,  Act  of  May  1,  1909,  P. 
L.  305,  amending  section  7,  Act  of  June  25,  1885,  P.  L.  187. 

The  amendment  of  1921  eliminated  a  clause  concluding  the  original  section, 
which  provided  for  a  discount  of  five  per  centum  for  the  payment  of  tax  as 
within  sixty  days  from  the  time  of  notice. 

Section  401.  The  township  treasurer,  within  thirty  days  after 
receiving  the  tax  duplicate,  shall  notify  every  taxable  whose  name 
appears  on  such  duplicate.  Such  notice  shall  contain  the  rate  of 
taxation,  the  valuation  of  the  property  of  such  taxable,  the  occupation 
of  such  taxable,  and  the  full  amount  of  taxes  for  which  said  taxable 
is  liable  for  the  current  year.  Such  notice  shall  further  state  that 
such  taxes  are  payable,  designate  a  place  and  time  when  they  shall 
be  paid,  and  when  an  additional  percentage  will  be  added  as  pen- 
alty. Such  notice  shall  be  mailed  to  the  last  known  post-office  ad- 
dress of  each  taxable. 

Any  township  treasurer  failing  to  comply  with  the  provisions  of 
this  section  shall  forfeit  all  commissions  on  any  taxes  received  and 
collected  by  him  from  any  taxable  not  notified. 

Before  any  allowance  is  made  by  the  township  auditors  for  com- 
missions due  to  the  township  treasurer  for  taxes  collected,  the 
treasurer  shall  make  an  affidavit  setting  forth  that  he  has  complied 
with  the  provisions  of  this  section. 

(Amendment  of  May  11,  1921,  P.  L.  482,  sec.  2) . 

Drafted  from  sections  1,  3  and  4,  Act  of  May  20,  1913,  P.  L.  248. 

The  amendment  of  1921  eliminated  from  the  notice  the  statement  as  to 
the  time  within  which  an  abatement  would  be  allowed,  and  when  the  full 
amount  of  tax  would  be  collected  as  required  by  the  original  section  of  the 
code. 

Section  402.  All  persons  who  fail  to  make  payment  of  any  tax 
charged  against  them  in  the  duplicate  within  the  period  of  sixty  days 
from  the  date  of  publication  of  notice  thereof  by  the  township  treas- 
urer, as  provided  in  section  four  hundred  and  one,  shall  be  charged 
with  a  penalty  of  two  per  centum  additional  on  the  amount  of  tax 
and  thereafter  an  additional  penalty  of  one  per  centum  for  each 
month,  or  fractional  part  thereof,  during  the  time  such  tax  shall 


7!) 

remain  unpaid,  which  penalties  shall   be  added  to  the  tax  by  the 

treasurer,  and  collected  by  him  or  his  deputy. 

(Amendment  of  May  11,  1921,  L'.  L.  482,  sec.  3). 

Drafted  from  Sec.  1,  Act  of  June  4,  1901,  P.  L.  361. 

The  amendment  of  192]  changed  the  penalty  from  five  per  centum  to  two 
per  centum,  and  added  the  clause  "and  thereafter  an  additional  penalty  of 
one  per  centum  for  each  month  or  fractional  part  thereof,  during  the  time 
such   tax   shall    remain    unpaid." 

Section  403.  At  the  expiration  of  three  months  from  the  time 
of  receiving  the  duplicate,  the  treasurer  shall  proceed  to  collect  all 
unpaid  taxes  from  the  taxpayers,  and  to  that  end  may  appoint  one 
or  more  deputy  collectors.  The  treasurer  and  his  deputies  shall 
have  and  exercise  all  powers  conferred  by  existing  laws  on  collectors 
of  county  and  township  taxes. 

Drafted  from  Sec.  16,  Act  of  April  28,  1899,  P.  L.  104. 

Section  404.  The  township  treasurer  may  retain,  out  of  the  taxes 
collected,  such  actual  printing  and  postage  expenses  as  shall  be  in- 
curred in  performing  the  duties  prescribed  in  this  article.  Such 
amounts  shall  be  adjusted  by  the  township  auditors  at  the  time  of 
auditing  the  treasurer's  accounts. 

Drafted  from  Sec.  2,  Act  of  May  20,  1913,  P.  L.  248. 

Section  405.  The  township  commissioners  shall  at  all  times  make 
abatements  or  exonerations  for  mistakes,  indigent  persons,  unseated 
lands,  et  cetera,  as  to  them  shall  appear  just  and  reasonable.  The 
towrnship  secretary  shall  enter  in  a  book  or  books,  to  be  kept  for  that 
purpose,  the  names  of  all  persons  abated  or  exonerated,  together  with 
the  reason  why,  the  amount  of  the  tax,  and  date  when  made,  and 
give  to  the  treasurer  a  certificate  stating  the  nature  of  the  tax  and 
the  amount  exonerated. 

Drafted  from  part  of  Sec.  48,  Act  of  April  15,  1834,  P.  D.  409. 

Section  406.  The  accounts  of  collectors  of  taxes  shall  be  settled 
by  the  township  auditors.  The  treasurer  shall  state  a  separate 
account  for  each  different  tax  collected  by  him. 

Drafted  from  part  of  Sec.  11,  Act  of  June  25,  1885,  P.  L.  187,  which  section 
also  provided  that  collectors  of  State  and  county  taxes  shall  settle  with 
the  county  commissioners  as  heretofore.  The  collection  of  county  taxes  not 
being  a  township  matter,  this  clause  was  eliminated  from  the  section  as 
drafted. 


so 


CHAPTER  VIII 

TAXATION,  FINANCE,  ROAD   FUND. 

ARTICLE  II. 

IN  TOWNSHIPS  OF  THE  SECOND  CLASS. 

For  other  provisions  relating  to  taxation  see  appendix,  chapter  on 
taxation,  sections   1534  to   1638  inclusive. 

Section  420.  The  board  of  township  supervisors  of  townships  of 
the  second  class  shall  annually,  before  their  organization  meeting 
in  December  or  as  sooin  thereafter  as  practicable,  make  a  written 
estimate  of  the  amount  of  money  required  for  the  ensuing  year,  be- 
ginning on  the  first  Monday  of  December,  which  shall  be  filed  with 
the  treasurer.  Such  estimates,  for  the  purpose  of  aiding  the  board 
in  determining  how  much  road  tax  to  levy,  shall  specify — 

^aj  The  amount  of  money  necessary  for  the  maintenance,  repair, 
and  improvement  of  highways,  including  sluices. 

(b)  The  amount  of  money  necessary  for  the  repair  and  construct- 
ion of  culverts  and  bridges. 

(c)  The  amount  of  money  necessary  for  the  purchase,  hire,  re- 
pair, and  custody  of  tools,  implements,  and  machinery. 

(d)  The  amount  of  money  necessary  for  the  payment  of  debts, 
or  other  miscellaneous  purpose. 

Drafted  from  See.  11,  Act  of  July  22.  1913,  P.  L.  915. 

Section  421.  The  board  of  township  supervisors  may  levy  taxes 
upon  all  property  and  upon  all  occupations  within  the  township 
made  taxable  for  township  purposes,  as  ascertained  by  the  last 
adjusted  valuation  for  county  purposes,  for  the  purposes  and  at  the 
rates  hereinafter  specified,  namly: 

One.  An  annual  road  tax,  not  later  than  the  fourth  Monday  of 
March  of  each  year,  not  exceeding  ten  mills,  unless  the  board  of 
supervisors  by  unanimous  action  shall,  upon  due  cause  shown, 
petition  the  court  of  quarter  sessions,  in  which  case  the  court  may 
order  a  greater  rate  than  ten  mills,  but  not  exceeding  ten  additional 
mills,  to  be  levied.    All  road  taxes  shall  be  collected  in  cash. 

Two.  A  tax  for  the  purpose  of  building  and  maintaining  a  lock- 
up, after  obtaining  the  assent  of  the  electors  of  11m1  township  in  the 
manner  provided  in  section  twelve  hundred  and  fifty  of  this  act. 

Three.  Upon  the  receipt  of  a  petition  of  a  majority  of  the  owners 
of  real  estate  of  the  township  requesting  it,  an  annual  tax,  not  ex- 


si 

ceeding  five  mills,  for  the  purpose  of  lighting  the  streets  and  high 
ways  in  the  manner  provided  in  section  three  hundred  and  eighty 
six.  clause  one  of  litis  act,  and,  of  defraying  the  cost,  charges,  and  ex- 
penses thereof. 

Four.  An  annual  tax  so  long  as  necessary,  not  exceeding  fifty 
per  centum  of  the  rate  <>l'  assessment  for  road  purposes,  for  the 
purpose  of  procuring  a  loi  and  erecting  a  building  thereon  for  a 
townhouse,  and  for  the  payment  of  indebtedness  incurred  in  con- 
nection therewith:  Provided,  The  total  indebtedness  for  the  payment 
of  which  any  such  tax  shall  be  levied  shall  not  exceed  one-half  of 
one  per  centum  of  the  assessed  value  of  real  estate  in  the  township. 

The  taxes  authorized  to  be  levied  by  this  section  shall  be  levied 
upon  the  last  adjusted  valuation  for  county  purposes,  which  valua- 
tion shall  be  furnished  to  the  township  supervisors  by  the  county 
commissioners.  If  any  further  adjustment  of  valuation  is  made 
by  the  county  commissioners,  after  any  tax  is  so  levied,  and  before 
said  tax  is  payable,  such  adjusted  valuation  shall  be  certified  to  the 
township  supervisors  and  to  the  township  collector  of  taxes  by  the 
commissioners  and  the  tax  shall  be  collected  on  the  basis  of  such 
adjusted    valuation. 

This  article  does  not  include  the  levy  of  any  taxes  niton  particular 
districts,  or  parts  of  any  township,  for  particular  purposes. 

(Amendment  of  May  16,  1921,  P.  L.  575,  Sec.  2) 

This  section  was  twice  amended  at  the  session  of  1921.  This  amendment 
added   the  proviso   to  the  fourth   clause. 

The  first  paragraph  of  the  section  was  drafted  from  See.  1.  Act  of  June  11. 
1915,  P.  L.  947.  amending  Sec.  5,  Act  of  July  Hi'.  1913,  P.  L.  915;  and  from 
Sec.  27.  Act  of  April  15,  1834,  P.  L.  509. 

Clause  one  was  drafted  from  part  of  See.  1.  Act  of  .Tune  11.  1915,  P.L.  947, 
amending  Act  of  July  22,  1913,  P.  L.  915. 

Clause  two  was  drafted  from  Ad  of  May  11.  1901,  I'.  P.  169. 

Clause  three  was  drafted  from  Act  of  April  2.".,  11101).  P.  P.  168. 

Clause  four  was  drafted  from  See.  3,  Act  of  July  26,  1895,  P.  P.  324. 

Paragraph  six  was  drafted  from  part  of  Sec.  1.  Act  of  .'  •;  e  11  PH.",.  I*.  P. 
947,  amending  Sec.  5,  Act  of  July  22.  1913,  P  L.  915;  and  from  Sec.  27,  Act 
of  April  _l.>.  1834,  P.  L.  509. 

The  last  paragraph  of  the  section  is  new  and  was  inserted  >  call  attention 
to  the  fact  that  the  levies  provided  by  this  section  are  not  exclusive.  Other 
parts  of  the  code  provide  for  levies  for  particular  purposes  in  particular 
districts. 

Section  421.  The  hoard  of  township  supervisors  may  levy  taxes 
upon  all  property  and  upon  all  occupations  within  the  township, 
made   taxable  for   township   purposes,   as   ascertained    by   the  last 


(> 


82 

adjusted  valuation  for  county  purposes,  for  the  purposes  and  at  the 
rates  hereinafter  specified,  to  wit: 

I.  An  annual  road  tax,  not  later  than  the  fourth  Monday  of 
March  of  each  year,  not  exceeding  ten  mills,  unless  the  board  of 
supervisors  by  unanimous  action  shall,  upon  due  cause  shown,  petition 
the  court  of  quarter  sessions,  in  which  case  the  court  may  order  a 
greater  rate  than  ten  mills,  but  not  exceeding  ten  additional  mills, 
to  be  levied.    All  road  taxes  shall  be  collected  in  cash. 

II.  A  tax  for  the  purpose  of  building  and  maintaining  a  lock- 
up, after  obtaining  the  assent  of  the  electors  of  the  township  in  the 
manner  provided  in  section  twelve  hundred  and  fifty  of  this  act. 

III.  Upon  the  receipt  of  a  petition  of  a  majority  of  the  owners 
of  real  estate  of  the  township  requesting  it,  an  annual  tax,  not  ex- 
ceeding five  mills,  for  the  purpose  of  lighting  the  streets  and  high- 
ways, in  the  manner  provided  in  section  three  hundred  and  eighty- 
six,  clause  one.  of  this  act,  and  of  defraying  the  cost,  charges,  and 
expenses  thereof. 

IV.  An  annual  tax  so  long  as  necessary,  not  exceeding  fifty  per 
centum  of  the  rate  of  assessment  for  road  purposes,  for  the  purposes 
of  procuring  a  lot  and  erecting  a  building  thereon  for  a  townhouse, 
and  for  the  payment  of  indebtedness  incurred  in  connection  there- 
with. 

V.  A  tax  for  the  purpose  of  purchasing  and  maintaining  fire 
apparatus  and  to  provide  a  suitable  place  for  the  housing  of  the 
same ;  but  no  appropriation  to  any  one  or  more  fire  companies  from 
such  taxes  shall,  for  the  first  appropriation,  exceed  five  thousand 
dollars  for  the  purchase  of  equipment,  nor  shall  any  appropriation 
in  any  year  for  the  purpose  of  maintenance  of  any  one  or  more  fire 
companies  exceed  one  thousand  dollars. 

The  taxes  authorized  to  be  levied  by  this  section  shall  be  levied 
upon  the  last  adjusted  valuation  for  county  purposes,  which  valua- 
tion shall  be  furnished  to  the  township  supervisors  by  the  county 
commissioners.  If  any  further  adjustment  of  valuation  is  made  by 
the  county  commissioners,  after  any  tax  is  so  levied  and  before 
said  tax  is  payable,  such  adjusted  valuation  shall  be  certified  to  the 
township  supervisors  and  to  the  township  collector  of  taxes  by  the 
commissioners,  and  the  tax  shall  be  collected  on  the  basis  of  such 
adjusted  valuation. 

This  article  does  not  include  the  levy  of  any  taxes  upon  particular 
districts,  or  parts  of  any  township,  for  particular  purposes. 

(Amendment  of  May  20,  1921,  P.  L.  959,  Sec.  1). 
This  amendment  adder!  clause  V  to  this  section. 
See  notes  to  th  •.  section  immediately  preceding. 


83 

Section  422.  In  addition  to  the  levies  provided  for  in  the  preced- 
ing section,  when  it  is  shown  to  the  court  of  quarter  sessions  that 
the  debts  due  by  any  township  exceed  the  amount  which  the  super- 
visors may  collect  in  any  year  by  taxation,  the  court,  after  ascer- 
taining the  amount  of  indebtedness  of  any  such  township,  may  by 
a  writ  of  mandamus  direct  the  township  supervisors,  by  special  taxa- 
tion, to  collect  an  amount  sufficient  to  pay  the  same.  If  the  amount 
of  such  indebtedness  is  so  large  as  to  render  it  unadvisable  to  col- 
lect the  same  in  any  one  year,  taking  into  consideration  other  neces- 
sary taxation,  the  court  may  direct  the  same  to  be  levied  and  collect- 
ed by  annual  instalments,  and  may  order  such  special  taxes  to  be 
levied  and  collected  during  such  successive  years  as  may  be  required 
for  payment  of  the  same. 

Drafted  from  Act  of  March  31,  1864,  P.  L.  162. 

Section  423.  The  township  supervisors  shall  make  or  cause  a 
duplicate  to  be  made  designating  the  amount  of  road  tax  levied 
against  each  taxpayer  of  the  township,  and  also  duplicates  for  all 
other  taxes  levied  and  assessed  under  the  provisions  of  this  article, 
and  shall  deliver  the  same  to  the  township  collector,  together  with 
a  warrant  for  the  collection  of  the  same,  which  taxes  shall  be  col- 
lected as  follows;  namely,  —  To  all  taxpayers  who  pay  their  taxes 
to  the  collector  before  June  first  of  each  year,  an  abatement  of  five 
per  centum  shall  be  made.  All  road  taxes  paid  to  the  collector 
between  June  first  and  October  first  of  each  year  shall  be  paid  in 
full ;  and  to  all  road  taxes  remaining  unpaid  on  the  first  of  October, 
in  each  year,  the  collector  shall  add  five  per  centum  as  penalty  for 
such  delinquency,  and  shall  collect  said  penalty  in  addition  to  the 
tax  levied,  said  penalty  to  be  his  compensation  for  collecting  said 
delinquent  taxes. 

Drafted  from  the  first  paragraph  of  Sec.  14,  Act  of  July  22,  1913,  P.  L. 
915.  The  clause  requiring  the  tax  collector  to  give  notice,  and  the  clause 
providing  for  the  commission  for  collection  of  taxes  other  than  delinquent 
taxes  have  been  omitted,  but  are  provided  for  in  other  sections  of  the  code. 
See  Sec.  427. 

Section  424.  Where  any  duplicate  of  taxes  assessed  is  issued 
and  delivered  to  the  collector  of  taxes  he  shall  give  public  notice, 
as  soon  thereafter  as  conveniently  can  be  done,  by  at.  least  ten 
written  or  printed  notices,  to  be  posted  in  as  many  public  places 
in  different  parts  of  the  township.  Such  notice  shall  state  that 
the  duplicate  has  been  issued  and  delivered  to  him. 

Drafted  from  part  of  Sec.  1.  Act  of  May  1,  1909.  P.  L.  305,  amending 
Sec.  7,  Act  of  June  25,  1885,  P.  L.  187. 


84 

Section  425.  Each  tax  collector  of  the.  several  townships  qf  this 
Commonwealth,  within  thirty  days  after  receiving  the  tax  duplicate, 
shall  notify  every  taxable  whose  name  shall  appear  on  such  duplicate. 
Such  notice  shall  contain  the  rate  of  taxation,  the  valuation  of  the 
property  of  such  taxable,  the  occupation  ojf  such  taxable,  and  the 
full  amount  of  taxes  for  which  said  taxable  shall  be  liable  for  the 
current  year.  Such  notice  shall  further  state  that  such  taxes  are 
payable,  shall  designate  a  place  and  time  when  they  shall  be  paid ; 
and  shall  further  state  the  time  within  which  an  abatement  of  tax 
will  be  allowed,  when  full  amount  of  tax  will  be  collected,  and  when 
an  additional  percentage  will  be  added  as  a  penalty.  Such  notice 
shall  be  mailed  to  the  last  known  post-office  address  of  each  of  said 
taxables. 

Before  any  allowance  is  made  by  the  boards  of  supervisors  for 
commissions  due  the  collector  of  taxes,  he  shall  make,  an  affidavit 
settino-  forth  that  he  has  complied  with  the  provisions  of  this  section. 

Drafted  from  Sees.  1  and  3,  Act  of  May  5,  1911,  P.  L.  170. 

Section  420.  The  collector  of  taxes  shall  collect  the  taxes  charged 
in  said  duplicates  and  pay  over  the  same  to  the  treasurer  or  authori- 
ties entitled  thereto,  after  deducting  his  commission  for  the  collec- 
tion thereof.  All  taxes  collected  before  the  first  day  of  June  shall 
be  paid  over  within  fifteen  days  thereafter  by  the  collector.  All 
taxes  thereafter  collected  during  his  term  of  office  shall  be  paid 
over  at  regular  intervals  of  one  month.  A  complete,  settlement  of 
all  taxes  collected  shall  be  made  by  the  collector  of  taxes  with  the 
treasurer,  not  later  than  three  months  after  the  expiration  of  his 
term  of  office. 

Drafted  from  See.  1.  Act  of  May  21,  1913,  P.  L.  284,  amending  See.  9, 
Act  of  June  25,  1885,  P.  L.  187,  ommitting.  however,  that  part  which  fixes 
the  compensation  of  the  collector  which  is  provided  for  in  other  sections 
of  this  code.  (See  sections  423»and  427) 

Section  427.  The  compensation  of  the  tax  collector  shall  be  two 
per  centum  on  all  general  road  taxes  collected  prior  to  the  first 
day  of  June  of  each  year,  and  five  per  centum  on  all  such  taxes 
collected  between  the  first  day  of  June  and  the  first  of  October. 
For  the  collection  of  road  taxes  collected  after  the  first  day  of 
October  the  collector  shall  receive  the  penalty  added  to  such  taxes, 
as  provided  in  section  four  hundred  and  twenty-three  of  this  act. 
For  the  collection  of  special  road  taxes  and  all  township  taxes  other 
than  general  road  taxes  his  compensation  shall  be  five  per  centum 
of  the  amount  collected. 

Drafted  from  part  of  Sec.  14.  Act  of  July  22,  1913,  P.  L.  915,  and  Sec.  4, 
Act  of  June  25,  1885,  P.  L.  187. 


85 

Section  428.  The  tax  collector  shall  keep  correct  accounts  of  nil 
moneys  collected,  marking  "paid"  <>n  his  duplicate  each  taxable, 
with  the  amount  of  tax  and  the  date  on  which  paid.  The  collector 
shall,  on  the  iirst  day  of  each  month,  make  a  true  statemenl  in  writ 
ing,  to  the  secretary  of  the  hoard  of  supervisors,  of  all  taxes  collected 
during  the  previous  month,  giving  names  of  taxables,  and  amount 
collected  from  each,  and  the  total  amount  received.  The  collector 
shall  pay  over  on  the  first  day  of  each  month,  to  the  treasurer,  all 
moneys  collected  during  the  previous  month,  and  take  his  receipt 
for  same.  Any  tax  collector  who  neglects  or  refuses  to  comply  with 
the  provisions  of  this  section  shall  he  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  sentenced  to  pay  a  fine  of  not  less  than 
one  hundred  dollars,  or  to  he  imprisoned  for  a  term  not  exceeding 
one  yeai-,  or  both. 

Drafted  from  the  second  paragraph  of  Sec.  14,  Act  of  July  22,  1913,  P.  L. 
915. 

Section  421).  The  tax  collector  may  retain,  out  of  the  taxes  collect- 
ed by  them,  such  actual  printing  and  postage  expenses  as  shall  he 
incurred  by  him  in  performing-  his  duties.  Such  amount  shall  be 
adjusted  by  the  hoards  of  supervisors. 

Drafted  from   Sec.  2,  Act  of  May  5,  1911,   P.  L.  170. 

Section  430.  The  supervisors  shall  at  all  times  make  abatements 
or  exonerations  for  mistakes,  indigent  persons,  unseated  lands,  et 
cetera,  as  to  them  shall  appear  just  and  reasonable.  The  township 
secretary  shall  enter  in  a  book  or  books,  to  be  kept  for  that  purpose, 
the  names  of  all  persons  abated  or  exonerated,  together  with  the 
reason  why,  the  amount  of  the  tax,  and  date  when  made,  and  give  to 
the  collector  a  certificate,  directed  to  the  treasurer,  stating  the 
nature  of  the  tax  and  the  amount  exonerated,  in  order  to  make 
set  t  lenient    accordingly. 

Drafted  from  Sec.  48,  Act  of  April  15,  1834,  P.  L.  509. 

Section  431.     The  accounts  of  the  collector  of  taxes  shall  be  set 
tied  by  the  township  auditors.    The  tax  collector  shall  state  a  separate 
account  for  each  different  tax  collected  by  him. 

Drafted  from  part  of  Sec.  11,  Act  of  June  25,  1885,  P.  L.  187,  which  section 
also  provided  that  collectors  of  State  and  county  taxes  should  settle  with 
the  county  commissioners  as  heretofore.  The  collection  of  county  taxes 
not  being  a  township  matter,  this  clause  was  eliminated  from  the  section 
as  drafted. 

Section  432.  That  the  Commonwealth  offers  rewards,  as  here- 
inafter provided,  for  the  construction  and  improvment  of  township 
roads  and  the  erection  and  construction  of  township  bridges  in  town- 
ships of  the  second  class. 


86 

All  moneys  appropriated  by  the  General  Assembly  from  time  to 
time  for  the  payment  of  rewards  to  townships  of  the  second  class  for 
the  constuction  and  improvement  of  roads  and  the  erection  and  con- 
struction of  bridges,  as  in  this  act  provided  for,  shall  be  apportioned 
by  the  State  Highway  Department  among  the  several  counties  of 
this  Commonwealth  in  proportion  to  the  number  of  miles  of  township 
road  located  in  townships  of  the  second  class. 

Of  the  amount  apportioned  to  the  several  counties  for  road  and 
bridge  improvements  in  townships  of  the  second  class  under  the 
provisions  of  this  act,  not  more  than  fifteen  per  centum  of  such 
appropriation  shall  be  available  in  any  one  township  in  any  such 
county.  In  case  any  excess  in  the  amount  set  aside  for  use  in  the 
county  remains  after  all  applications  from  the  several  townships 
in  the  county  have  been  considered,  the  township  commissioner  of 
the  State  Highway  Department  shall  apportion  the  excess  amount 
among  the  townships  that  have  applications  on  file  for  State  reward 
for  more  than  fifteen  per  centum.  Should  there  be  not  enough  applica- 
tions from  all  the  townships  in  a  county  to  exhaust  the  apportionment 
of  the  State  reward  fund  made  to  a  county,  then  such  excess  shall 
be  apportioned  to  the  counties  where  the  application  of  the  town- 
ships call  for  the  expenditure  of  a  sum  greater  than  the  amount  ori- 
ginally apportioned  to  said  county. 

Applications  for  rewards  for  the  construction  and  improvement 
of  tolwnship  roads,  and  for  the  erection  and  construction  of  township 
bridges,  shall  be  made  by  the  township  supervisors  of  townships  of 
the  second  class,  on  or  before  May  first,  one  thousand  nine  hundred 
-md  twenty -two.  and  annually  thereafter,  to  the  State  Highway 
Department,  on  blanks  furnished  by  the  Department,  which  applica- 
tions shall  be  considered  by  the  department  in  their  order  of  filing. 
Applications  not  granted  by  reason  of  a  lack  of  funds  shall  be  given 
first  consideration  in  the  following  year  or  years. 

(Amendment  of  May  16,  1921,  P.  L.  564.  Sec.  5). 

This  section  was  also  amended  by  the  Act  of  July  15,  1010.  V.  L.  000, 
which  amendment  is  superseded  by  the  above  amendment. 

Sections  432  to  438  of  the  original  code  provided  a  system  of  aid  for  the 
improvement  of  township  roads.  The  State  was  pledged  to  contribute  an 
amount  equal  to  one-half  of  the  township  road  taxes,  but  not  in  excess  of  $20 
per  mile.  The  amendment  of  July  15,  1010.  changed  this  system  to  one  of 
rewards  for  permanent  road  and  bridge  improvements.  The  amendment  of 
May  16.  1021,  lessoned  the  mileage  required  in  the  case  of  permanent  im- 
provements and  increased  the  amount  contributed  by  the  State. 

Section  \X\.  Before  any  roads  are  constructed  or  improved  or 
bridges  are  erected  or  constructed  under  the  provisions  of  this  act, 
the  supervisors  of  the  township  of  the  second  class  asking  for  a 
reward  shall  furnish  to  the  township  commissioner  of  the  State 
Highway  Department  a  copy  of  the  plans  and  specifications  of  the 


87 

proposed  improvement,  together  with  estimates  of  the  cost  of  such 
improvement,  unless  such  plans  and  estimates  have  been  made  by 
said  department.  No  reward  shall  be  paid  under  the  provisions  of 
this  act  to  any  township  until  the  Commonwealth  has  approved  the 
plans  and  specifications  as  filed  in  the  department.  When  such  plans 
and  specifications  have  been  approved,  the  township  commissioner 
shall  certify  to  the  township  supervisors  the  proportion  of  the  cost 
of  such  improvement  which  the  Commonwealth  agrees  to  pay.  The 
proportion  agreed  upon  to  be  paid  by  the  Commonwealth  shall  not 
exceed  the  amount  per  mile  as  hereinafter  provided  in  this  act,  and 
where  the  cost  of  the  improvement  is  less  than  that  set  forth  in  the 
estimate  or  contract,  a  proper  deduction  shall  be  made  by  the  Com- 
monwealth for  such  decrease  in  cost. 

(Amendment  of  July  15,  1919,  P.  L.  969). 

The  section  as  amended  is  new.     See  notes  to  section  432. 

Section  434.  Reward  shall  be  granted  by  the  Commonwealth 
for  improvements  only  of  the  character  herein  set  forth,  namely: 
(a)  For  grading  and  draining  a  section  of  a  road  not  less  than  one- 
fourth  mile  in  length;  (b)  for  graveling  or  cindering  a  graded 
and  drained  road  not  less  than  one-fourth  mile  in  length;  (c)  for 
constructing  a  road  with  broken  stone  base,  and  broken  stone,  slag, 
gravel,  cinders  or  other  approved  material  top.  not  less  than  one- 
fourth  mile  in  length;  (d)  for  macadamizing  a  road  or  for  con- 
structing a  Telford  macadam  road  of  not  less  than  one-fourth  mile 
in  length;  (e)  for  constructing  a  concrete,  brick,  or  bituminous 
surfaced  road  of  not  less  than  otne-fourth  mile  in  length;  (f)  for 
the  erection  and  construction  of  bridges  of  three  feet  or  more  span, 
constructed  of  concrete  or  stone  or  a  combination  of  concrete  and 
stone,  or  a  steel  bridge  with  a  floor  constructed  of  a  material  approved 
by  the  State  Highway  Department;  (g)  for  the  purchase  and 
installation  of  culvert  and  drain-pipes. 

Whenever  any  improvements  of  the  character  mentioned  in  this 
section  have  been  completed  by  any  township  of  the  second  class,  the 
State  will  pay  as  a  reward  the  following  sums,  namely:  One. — For 
roads  of  the  character  set  forth  in  subdivision  (a),  fifty  per  centum 
of  the  cost  of  making  such  improvement,  not  to  exceed  six  hundred 
dollars  per  mile;  Two. — For  roads  of  the  character  set  forth  in 
subdivision  lb),  fifty  per  centum  of  the  cost  of  making  such  improve- 
ment, not  to  exceed  one  thousand  five  hundred  dollars  per  mile; 
Three. —  For  roads  of  the  character  set  forth  in  subdivision  (c), 
fifty  per  centum  of  the  cost  of  making  such  improvement,  not  to 
exceed  three  thousand  dollars  per  mile:  Four.  —  For  roads  of  the 
character  set  forth  in  subdivision   (d).  fifty  per  centum  of  the  cost 


88 

of  making  such  improvement,  not  to  exceed  four  thousand  dollars 
per  mile ;  Five.  —  For  roads  of  the  character  set  forth  in  subdivision 
(e),  fifty  per  centum  of  the  cost  of  making  such  improvement,  not 
to  exceed  six  thousand  dollars  per  mile;  Six.  —  For  bridges  con- 
structed under  subdivision  (f),  fifty  per  centum  of  the  contract  price 
and  not  in  any  case  to  exceed  fifty  per  centum  of  the  actual  cost  of 
said  bridge  when  constructed  by  the  supervisors;  Seven. — For  the 
purchase  and  installation  of  culvert  and  drain-pipes  under  sub- 
division (g),  lifty  per  centum  of  the  purchase  price  of  said  culvert 
or  drain-pipes  when  the  said  pipes  have  been  placed,  but  no  payment 
shall  be  made  under  this  provision  for  culverts  and  drainpipes 
installed  in  grading  and  draining  a  section  of  road  for  which  pay- 
ments are  made  under  clause  one. 

The  aforesaid  rewards  shall  be  based  upon  roads  the  improvement 
of  which  shall  be  of  a  width  of  not  less  than  sixteen  feet,  and  cor- 
responding reduction  or  addition  in  the  amount  of  reward  shall  be 
made  as  the  width  of  the  improved  road  is  reduced  o*r  increased,  but 
no  reward  shall  be  paid  for  the  improvement  of  any  road  of  less 
width  than  tAvelve  feet. 

(Amendment  of  May  16,  1921,  P.  Lt.  564,  Sec.  6.) 

This  section  was  also  amended  by  the  Act  of  July  15,  1919,  P.  L.  !)('.:'), 
which  was  superseded  by  this  amendment.  The  section  as  amended  is  new. 
See  notes  to  section  432. 

Section  435.  All  improvements  made  in  accordance  with  the 
provisions  of  this  act  may  be  made  by  the  township  supervisors  of 
such  township  by  contract,  to  be  let  by  the  township  supervisors  to 
the  lowest  and  best  bidder  after  three  weeks  publication  in  at  least 
two  newspapers  published  in  the  county  in  which  such  township  is 
located,  or  such  improvements  may  be  made  partly  by  the  township 
and  partly  by  contract,  to  be  let  only  after  advertisement  as  herein- 
before provided.  All  the  work  of  making  said  improvement  may  be 
done  by  the  township. 

Upon  completion  of  the  work  for  which  a  State  reward  has  been 
granted,  according  to  the  plans  and  specifications  and  contract  or 
agreement,  verified  by  the  sworn  statement  of  a  majority  of  the  board 
of  tow?iship  supervisors  and  such  other  evidence  as  the  township 
commissioner  may  require,  said  township  commissioner,  with  the 
approval  of  the  State  Highway  Commissioner,  shall  certify  to  the 
Auditor  General  the  amount  of  State  reward  due  said  township,  and 
he  shall  draw  a  warrent  upon  the  State  Treasurer,  as  provided  by  act 
of  Assembly,  to  the  treasurer  of  the  board  of  supervisors,  which  shall 
be  paid  out  of  money  appropriated  for  the  purpose. 


89 

(Amendment  of  July  15,  L919,  P.  I..  069). 
This  section  as  amended  is  new.     See  notes  t"  section    132. 

Section  !•">•'>.  Whenever  the  township  highway  funds  have  been 
exhausted,  the  hoard  of  supervisors  may  issue  ;i  certificate  of  indebt- 
edness,  and  borrow  on  the  credit  of  the  township  money  in  anticipa 
tion  of  taxes  to  be  collected,  to  the  end  that  work  may  be  performed 
in  proper  season  and  in  accordance  with  rules  and  regulations  pres- 
cribed. 

(Amendmenl  of  Julj    L5,  1919,  1'.  L.  969). 

Drafted  fr pari  of  Section  1.  Acl  of  June  11.  1915,  I'.  L.  947,  amending 

Section  5,  Acl  of  July  22,  mi:;.  P.  L.  91.1.     See  notes  to  Section  432. 

Section  4.*!7.  Upon  the  neglect  or  refusal  of  the  supervisors  of  any 
township  to  carry  ou1  the  instructions,  rules,  and  regulations  of*  the 
township  commissioner  of  the  State  Highway  Department,  then  Hie 

township  commissioner  of  the  Stale  Highway  Department  may  with- 
hold from  such  township  the  amount  to  which  it  would  otherwise 
be  entitled  for  the  year  in  which  said  neglect  or  refusal  occurred. 

(Amendmenl  of  July  1.1.  1!>1!>.  P.  L.  969). 

This  section  as  amended  was  drafted  from  the  latter  part  of  the  Act  of 
June  11,  1915,  P.  L.  947.  amending  Section  5,  Art  of  July  22,  11)13.  P.  L. 
915.     Sep  notes  to  Section  432. 

Section  438.  (This  section  was  amended  by  Act  of  July  15,  191!). 
P.  L.  !)('•!),  and  the  same  section  as  amended  was  repealed  by  Act  of 
May  1'*.,  1921,  P.  L.  5G4.) 

Section  439.  Tin1  fiscal  year  in  townships  of  the  second  class  shall 
expire  on  the  day  before  the  first  Monday  in  December  in  each  year. 
All  receipts,  disbursements;,  contracts,  or  purchases  subsequent  to 
that  date  shall  be  chargeable  to  and  entered  as  of  record  in  the  fiscal 
vear  following. 

Drafted  from  Sec.  12.  Act  of  July  22,  1913,  P.  L.  915. 


90 
CHAPTER  IX. 

EMINENT  DOMAIN. 
ARTICLE  I. 

Section  400.  In  all  eases  where  the  right  of  eminent  domain  is 
conferred  by  the  provisions  of  this  act,  townships  of  the  first  and  sec- 
ond class  may  enter  upon  the  lands  and  premises  of  any  person. 

A  new  section,  declaratory  of  the  existing  law. 

Section  461.  In  all  proceedings  for  the  condemnation  and  appro- 
priation of  land  and  property  by  the  right  of  eminent  domain  the 
petition  for  the  appointment  of  viewers  shall  contain  allegations 
specifying  any  judgements,  mortgages,  or  other  claims  (hereinafter 
designated  "liens")  which  are  liens  upon  the  land  and  property  sought 
to  be  appropriated  or  condemned. 

Drafted  from  Sec.  1,  Act  of  June  11,  1915,   P.  L.  942,  amending  Sec.  1, 
Act  of  April  14,  1915,  P.  L.  122. 

Section  462.  A  notice,  in  such  form  as  the  court  shall  direct, 
stating  a  time  and  place  for  a  hearing  to  determine  the  number, 
amount,  and  priority  of  such  liens,  and  the  parties  entitled  thereto, 
shall  be  served  on  the  owner  of  the  property  and  on  each  of  the  own- 
ers of  the  liens,  at  least  ten  days  before  the  day  fixed  for  such  hearing. 

This  section  is  new.     It  was  drafted  with  the  object  of  avoiding  the  pos- 
sibility of  discharging  liens  of  record  without  notice  to  owners. 

bection  463.  Testimony  shall  be  taken  in  such  proceedings  to  as- 
certain the  amounts  of  such  liens  and  the  dates  of  the  entry  of  the 
same.  The  amounts  of  the  liens  and  the  dates  of  entry  thereof  shall 
be  found  as  facts  by  the  viewers.  Certified  lists  of  liens  from  the 
courts  of  the  Commonwealth  and  of  the  United  States  shall  be  prima 
facie  evidence  of  the  existence,  dates,  amounts,  dates  of  entry,  and 
places  of  record  of  said  liens,  and  unless  modified  or  overcome  by 
oral  or  documentary  evidence  shall  be  conclusive  upon  the  parties 
thereto  as  to  items  specified. 

Drafted  from  Sec.  2,  Act  of  April  14,  1915,  P.  L.  122. 

Section  464.  When  it  appears  that  liens  exist  upon  property 
sought  to  be  condemned  and  appropriated,  a  report  of  the  facts  found 
shall  be  made  to  the  court.  Such  report  shall  be  subject  to  exceptions, 
as  regulated  by  the  Supreme  Court  by  general  rule.  When  the  court 
has  finally  determined  the  findings  in  relation  to  the  liens,  the  court 
shall  make  an  order  directing  the  payment  and  distribution  of  the 


91 

amount  found  to  be  payable  as  compensation  to  the  parties  entitled 
thereto:  First,  to  the  owners  of  tin-  liens;  then,  to  the  owners  of 
t he  property  appropriated.  The  parties  interested  shall  have  the 
righ.1  of  appeal  from  such  order  of  distribution  to  the  Superior  or 
Supremo  courts.  Payment  in  accordance  with  the  order  of  distri- 
bution, evidenced  by  a  receipt  of  record  in  the  proceedings,  shall 
aDSolutely  discharge  the  party  making  the  payment  from  all  liens 
by  any  person,  copartnership,  association,  or  corporation  as  against 
said  property.  In  such  receipt  and  on  the  record  thereof  any  claim- 
ant may  reserve  the  right  to  proceed  against  any  other  property  or 
assets  of  the  owner  of  the  property  condemned,  for  any  balance  due 
upon  his  lien. 

Drafted  from  Sec.  2,  Act  of  June  11,  1915,  P.  L.  942,  amending  Sec.  3, 
Art  of  Ap.il  14,  1915,  P.  L.  122. 

Section  465.  Upon  payment  of  the  compensation  for  land  or  prop- 
erty, in  accordance  with  the  order  of  distribution,  title  to  such  land 
or  property  shall  vest  in  the  towrnship  in  accordance  with  provisions 
of  the  law  under  which  the  appropriation  is  made,  and  all  claims 
for  compensation  shall  be  thereby  paid  and  satisfied. 

Drafted  from   Sec.  3,  Act  of  June  11,   1915,   P.  L.  942,  amending  Sec.  4, 
Act  of  April  14,  1915,  P.  L.  122. 

Section  466.  in  eminent  domain  proceedings  all  witnesses  called 
may,  when  duly  qualified,  state  their  opinion  as  to  the  market  value 
of  the  property  before  the  exercise  of  the  right  of  eminent  domain 
and  as  unaffected  by  it,  and  its  market  value  immediately  after  the 
exercise  of  such  right.     Such  witnesses  may  also — 

(a)  State  in  detail  and  costs  all  the  elements  of  benefit  or  dam- 
age which  they  have  taken  into  consideration  in  arriving  at  their 
opinion. 

(b)  In  arriving  at  their  opinion  as  to  the  market  value  imme- 
diately after  the  exercise  of  the  right  of  eminent  domain,  add  to 
their  opinion  of  the  market  value  before  such  exercise  the  value  of 
all  the  elements  of  benefit  or  advantage,  and  deduct  therefrom  all 
disadvantage  or  damage. 

(c)  In  all  proceedings  to  assess  damages  or  benefits  for  the  open- 
ing of  any  street,  alley,  or  highway,  take  into  consideration  as  one  of 
the  elements  of  advantage  or  disadvantage  the  cost  of  the  improve- 
ments. 

Drafted  from  Sec.  1.  Act  of  April  21.  1915.  P.  L    159. 

Section  467.  In  all  claims  for  damages  against  a  towrnship,  arising 
from  the  exercise  of  the  right  of  eminent  domain,  the  party  claiming 
damages  may  offer  in  evidence  the  value  of  the  property  affected  as 
assessed  for  taxation. 


92 

In  all  cases  of  the  appropriation  of  land  for  public  use  other  than 
for  roads,  streets,  or  highways,  it  shall  be  unlawful  to  assess  the 
whole  or  any  portion  of  the  damage  done  to,  or  value  of  the  land  so 
appropriated  against,  other  property  adjoining  or  in  the  vicinity  of 
the  land  so  appropriated. 

The  first  paragraph  of  this  section  was  drafted  from  Sec.  2,  Act  of  April 
21,  1915,  P.  L.  159.    The  second  paragraph  is  new. 

Section  4(>S  Viewers  or  juries  of  view  appointed  by  any  court  to 
assess  damages  and  benefits  due  to  the  taking,  injury,  or  destruction 
of  private  property,  in  and  by  the  construction  or  enlargement  of  any 
public  work,  highway,  or  improvement,  shall  make  their  reports  with- 
in a  time  which  the  court  shall  fix  when  appointing  them.  If  any  of 
the  viewers  or  juries  of  view  so  appointed  shall,  for  any  reasojn  ap- 
pearing sufficient  to  the  court,  be  unable  to  file  their  report  within 
the  period  so  fixed,  the  said  court  may,  either  before  or  after  the  ex- 
piration of  the  time  fixed,  extend  the  time  for  the  filing  of  such  re- 
port. 

Drafted  from  Sec.  1,  Act  of  March  IS,  1903,  P.  L.  28. 

Section  469.  Whenever  any  report  of  viewers  or  juries  of  view,  ap- 
pointed by  any  court  of  quarter  sessions  to  assess  damages  and  bene- 
fits for  the  opening,  widening,  narrowing,  or  vacating  of  any  road, 
street,  or  highway,  or  the  taking  of  private  property  in  the  construc- 
tion or  enlargement  of  any  public  wrork  or  improvement,  is  filed,  it 
shall,  unless  otherwise  provided,  be  confirmed  by  the  court  at  the  ex- 
piration of  thirty  days  from  the  date  of  its  filing,  unless  exceptions 
thereto  are  filed  within  such  time. 

The  party  or  parties  to  whom  an  award  has  been  made,  and  from 
whose  award  no  appeal  has  been  taken  may  take  such  father  legal 
proceedings  as  may  be  necessary  to  enforce  payment  of  the  confirmed 
award,  either  by  writ  of  mandamus,  execution,  or  otherwise. 

Drafted  from  Sees.  1  and  2,  Act  of  March  27,  1903,  P.  L.  83. 
See  also  the  Act  of  May  10,  1921,  P.  L.  428,  infra,  section  1743. 

Section  470.  In  all  cases  of  damages  assessed  against  any  town- 
ship of  the  first  or  second  class  for  property  taken,  injured,  or  de- 
stroyed by  the  construction  or  enlargement  of  its  works,  highways. 
or  improvements,  whether  such  assessment  shall  have  been  made  by 
viewers,  or  otherwise  than  upon  trial  in  court,  and  an  appeal  is  not 
provided  for,  an  appeal  demanding  a  jury  trial  may  be  taken  by 
either  party  to  the  court  of  common  pleas  of  the  county,  within 
thirty  days  from  the  filing  of  the  report. 


j —  93 

Any  such  appeal  sliall  be  signed  by  the  party  taking  the  same,  or 
by  his  agent  or  attorney,  and  shall  be  accompanied  by  an  affidavit 
of  the  party  appellant,  or  of  the  agent  or  attorney,  thai  the  same  is 
noi  for  ilit*  purpose  of  delay,  but  because  the  affiant  firmly  believes 

that  injustice  has  boon  done. 

When  no  appeal  is  taken  in  accordance  with  the  provisions  of  this 
section  and  judgment  is  entered,  and  the  party  to  whom  damages 
have  been  awarded  refuses  to  accept  payment  of  such  award  or  judge 
ment,  then  il  shall  he  lawful  for  such  township,  upon  petition  to  the 
court,  after  notice  as  ordered  by  court,  to  pay  the  amount  of  the 
awai'd  and  costs  into  the  court.  The  court,  upon  such  payment,  shall 
order  the  satisfaction  of  the  award  or  judgment. 

Drafted  from  Sees,  t  and  2,  Act  of  June  13,  1*74.  I'.  L.  283,  and  Sec.  1, 
Act  of  June  2,  1891,  P.  L.  72. 

Section  471.  When  any  township  has  tendered  a  bond  in  suffi- 
cient sum  to  secure  the  owner  or  lessee  for  damages,  and  the  same 
has  been  accepted,  or  if  the  acceptance  of  such  bond  has  been  refused, 
and  it  lias  been  tiled  in  and  approved  by  the  court,  such  township 
shall  have  the  right  to  immediate  possession  of  the  land  or  property 
appropriated.  If  the  owner,  lessee,  or  occupier  refuses  to  remove  his 
personal  property  therefrom,  or  to  give  up  possession  thereof,  the 
township  may  serve  written  notice  on  such  owner,  lessee,  or  his  agent 
or  the  occupier,  to  remove  his  personal  property  therefrom  and  give 
up  possession  of  the  land  or  property  within-  sixty  days  from  the 
date  of  the  service  of  such  notice. 

Drafted  from  Sec.  1,  Act  of  June  7,  1907,  P.  L.  461,  but  made  to  apply  to 
townships  only. 

Section  472.  If  the  owner,  lessee,  or  occupier  of  said  hind  or  pro- 
perty appropriated,  refuses  or  neglects  to  remove  his  personal  pro- 
perty therefrom  and  give  possession  thereof,  upon  proof  of  the  ser- 
vice of  the  notice  specified  in  the  preceding  section  of  this  act.  in  the 
office  of  the  prothonotary,  a  writ  of  habere  facias  possessionem  shall 
forthwith  issue,  directing  the  sheriff  to  give  to  the  party  entitled 
thereto  full  and  peaceable  possession. 

l>raft.'d  from  Sec.  2,  Act  of  June  7,  1007.  I*.  L.  461. 


94 


CHAPTER  X. 

DAMAGES   FOR   INJURY   TO    PROPERTY. 
ARTICLE  I. 

Section  485.  The  right  to  damages  against  townships  of  the  first 
class  is  given  to  all  owners  or  tenants  of  lands,  property,  or 
material  abutting  on,  or  through  which  pass,  roads,  streets,  lanes,  or 
alleys,  injured  by  the  laying  out,  opening,  widening,  vacating,  ex- 
tending, or  grading  of  such  roads,  streets,  lanes,  or  alleys,  or  the 
changing  of  the  grades  or  lines  thereof,  by  such  townships ;  the  con- 
struction and  the  vacation  by  such  townships  of  bridges  and  piers, 
abutments  and  approaches  therefor,  and  the  construction  by  such 
townships  of  sewers  over,  upon  or  through  such  lands  or  property. 

Drafted  from  See.  1,  Act  of  May  28,  1913,  P.  D  368,  but  made  applicable 
only  to  first  class  townships.  It  was  held  in  Road  in  Fulton  Township,  23 
D.  R.  678,  that  the  provisions  of  Sec.  8,  Act  of  June  13,  1836,  P.  L.  551,  and 
Act  of  May  14,  1874,  P.  D.  164,  were  not  inconsistent  with  the  act  of  May 
28,  1913,  and  were  not  repealed  by  it. 

Section  486.  All  juries  of  view,  appointed  for  assessing  damages 
or  benefits  for  taking,  using,  occupying  or  injuring  land,  property,  or 
material,  are  directed  to  assess  such  damages  against  townships,  and 
the  benefits  in  connection  therewith,  and  make  a  report  thereof  to 
the  court  as  under  existing  laws. 

Drafted  from  Sec.  2,  Act  of  May  28,  1913,  P.  L.  368. 

Petitions  for  appointement  of  viewers  to  assess  damages  must  contain  full 
information  for  the  court  as  to  the  proceedings  prior  thereto,  and  under  what 
authority  the  public  work  resulting  in  the  damage  complained  of  was  per- 
formed.    In  re  Appointment  of  viewers,  21  Imz.  201. 

Section  487.  The  right  of  appeal  to  the  court  of  common  pleas,  the 
right  of  trial  by  jury,  and  the  right  to  file  exceptions,  are  given  to 
any  party,  not  satisfied  with  such  report,  whose  property  has  been 
taken,  injured,  or  destroyed ;  or  where  property  has  been  assessed  to 
pay  damages  for  property  taken,  injured,  or  destroyed.  The  right  to 
file  exceptions  is  given  to  any  other  interested  party,  including  tax- 
payers. 

Drafted  from  Sec.  3,  Act  of  May  28,  1913,  P.  L.  368. 

Section  488.  After  disposal  of  exceptions,  or  after  verdict  and 
final  judgment,  any  interested  party  may  appeal  to  the  Superior  or 
Supreme  Court,  as  in  other  cases. 

Drafted  from  Sec.  4,  Act  of  May  28,  1913,  P.  L.  368. 


.'., 


CHAPTER  XI. 

ROADS,  STREETS,  AND   HIGHWAYS. 

ARTICLE  I. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

(a)     Laying  Out.  Opening,  Widening,  Straightening,  Vacating,  and 

Relaying  Roads,  Et  Cetera. 

Section  495.  The  board  of  township  commissioners  in  townships 
of  the  first  class  may  enact,  ordain,  survey,  lay  out.  widen,  straighten, 
vacate,  and  relay  all  roads,  streets,  lanes,  and  alleys  and  parts  there- 
of within  the  township  upon  the  petition  of  a  majority  in  interest  of 
Ihe  owners  of  property,  through  whose  lands  any  such  road,  street, 
lane,  or  alley  passes,  or  upon  whose  land  it  abuts,  if  in  the  judgement 
of  the  hoard  of  commissioners  it  is  necessary  for  the  public  conveni- 
ence. 

Drafted  from  part  of  See.  1,  Act  of  June  7.  1901.  P.  L.  510. 

The  Board  of  Commissioners  had  no  authority  under  Act  of  June  7,  1901. 
P.  L.  510,  to  vacate  a  road  lying  partly  within  and  partly  without  the  town- 
ship.    8t.  David's  Church   v.  Layen,  Appellant,  2)',  Pa.  300. 

Section  400.     No  such  road,  street,  lane,  or  alley  shall  he  laid  out 
and  opened  through  any  burial-ground,  or  cemetery,  nor  through  any 
grounds  occupied  by  a  building  used  as  a  place  for  public  worship,  or 
as  a  public  or  parochial  school,  or  educational  or  charitable  instil u 
tion  or  seminary. 

Drafted  from  See.  1.  Aet  of  April  5,  1840,  P.  L.  397. 

Section    407.      The   board    of   commissioners   shall  give  ten  days 
notice  To  the  property  owners  affected  thereby  of  the  time  and  place 
when  and  where  all  parties  interested  may  meet  and  be  heard.     Wit 
r.esses  may  be  summoned  and  examined  by  the  hoard  and  by  the 
parties  interested,  at  such  meeting  or  any  adjournment  thereof. 

Drafted  from  part  of  Sec.  1,  Act  of  June  7.  1901,  P.  L.  510. 

Section  498.  After  such  hearing  and  a  consider;) lion  of  the  matter, 
should  the  board  of  commissioners,  or  a  majority  thereof,  decide  in 
favor  of  granting  the  prayer  of  the  petition,  they  shall  make  written 
report,  together  with  a  draft  or  survey  of  the  road,  street,  lane,  or 
alley,  fixing  the  width  thereof,  and  noting  the  improvements  along 
the  line  thereof  and  the  names  of  the  owners  of  property  through 
which  the  same  shall  pass  or  whereon  it  shall  abut.    Such  report  and 


96 

draft  shall  be  filed  in  the  office  of  the  clerk  of  the  courl  of  quarter 

sessions. 

Drafted  from  part  of  Sec.  1,  Act  of  June  7,  1901,  P.  L.  510. 

Section  499.  Any  citizen  or  freeholder  of  the  township  may,  with- 
in thirty  days  after  the  filing'  of  the  report  of  the  board  of  commis- 
sioners, upon  entering  in  the  court  sufficient  surety  to  indemnify  the 
board  for  all  costs  incurred  in  the  proceedings,  file  exceptions  to  the 
report,  together  with  a  petition  for  a  review. 

Drafted  from  part  of  Sec.  1,  Act  of  June  7,  1901,  P.  L.  510. 

Section  500.  Upon  favorable  action  on  such  petition  by  the  board 
of  commissioners,  and  after  the  expiration  of  the  term  allowed  for 
filing  exceptions,  or  upon  the  order  of  the  court  in  case  the  compen- 
sation for  the  damages  or  benefits  accruing  therefroVn  have  not  been 
agreed  upon,  the  court  of  quarter  sessions,  or  any  law  judge  thereof 
in  vacatiojn.  on  application  by  petition  by  the  board  of  commissioners 
or  any  person  interested,  shall  appoint  three  viewers  from  the  county 
board  of  viewers,  and  shall  appoint  a  time,  not  less  than  twenty  nor 
more  than  thirty  days  thereafter,  when  said  viewers  shall  meet  upon 
the  line  of  the  improvement  and  view  the  same  and  the  premises  af- 
fected thereby. 

Drafted  from  part  of  Sec.  2,  Act  of  June  7,  1901,   P.  L.  510 
The  provision  that  the  viewers  shall  be  appointed  from   the  county  board 
of  viewers  is  new. 

Section  501.  The  viewers  shall  give  at  least  ten  days'  notice  of  the 
time  of  their  first  meeting,  by  publication  in  one  or  more  newspapers 
of  the  county  circulating  in  the  township  and  by  handbills  posted 
upon  the  premises,  or  otherwise,  as  the  court  shall  direct  having  re- 
gard to  the  circumstances  of  the  case. 

drafted  from  part  of  Sec.  2,  Act  of  June  7,  1901,  P.  L.  510. 

Section  502.  The  viewers  having  been  sworn  or  affirmed  faith- 
fully, justly,  and  impartially  to  decide  and  true  report  to  make  con- 
cerning all  matters  and  things  to  be  submitted  to  them  and  in  re- 
lation to  which  they  are  authorized  to  inquire,  and  having  viewed 
the  premises  and  examined  the  property,  shall  hear  all  parties  inter- 
ested and  their  witnesses.  They  shall  estimate  and  determine  the 
damages  for  property  taken  or  injured,  and  to  whom  the  same  are 
payable. 

Drafted  from  part  of  Sec.  3,  Act  of  June  7.  1901,  P.  L.  510. 

Section  503.  In  all  cases  of  assessment  of  damages  for  the  open- 
ing or  widening  of  any  street  or  highway,  the  award  of  damages,  if 
any,  shall  include  all  damages  due  to  the  grade  at  which  said  street 


97 

or  highway  is  to  be  opened  or  widened,  and  the  plan  attached  to  the 
report  of  the  viewers  awarding  the  damages  shall  have  therein  a 
profile  plan  Bhowing  the  existing  grade  as  well  as  the  grade  to  which 

said  street  is  to  he  opened  and  widened. 

Drafted  from  Sec  1.  An   of  June  1."..   1915,  P.  1>.  its."),  but  made  to  apply 

only  to  first  class  townships. 

Section  504.  Whenever  viewers  are  appointed  to  vacate  any  road, 
street,  or  highway,  and  the  vacation  of  the  same  takes  no  land  from 
the  owner  abutting  thereon,  if,  in  the  opinion  of  the  viewers,  snch 
vacation  damages  the  properly  of  the  abutting  owner,  they  may 
award  damages  to  such  owner  as  though  land  had  heen  actually 
taken. 

Drafted  from  Sec.  1.  Act  of  June  27,  1913,  I'.  L.  633. 

Section  505.  Having  estimated  and  determined  the  damages,  to- 
gether with  the  benefits  as  hereinafter  mentioned,  the  viewers  shall 
prepare  a  schedule  thereof,  and  give  notice  to  all  parlies  to  whom 
damages  are  allowed,  or  upon  whom  assessments  for  henefits  are 
made,  of  a  time,  not  less  than  ten  days  thereafter,  and  of  a  place, 
where  said  viewers  will  meet  and  exhibit  said  schedules  and  hear  all 
exceptions  thereto  and  evidence.  Notice  of  the  time  and  place  of 
such  meeting  shall  be  given  by  personal  service  upon  all  parties  al- 
lowed damages  or  assessed  benefits,  as  shown  upon  the  schedule,  if 
resident  in  the  township,  and  to  all  others  by  publication  in  news- 
papers as  provided  in  section  five  hundred  and  one  of  this  act. 

Drafted  from  part  of  Sec.  ■  >.   Act   of  June  7.   1001  P.  L.  510. 

Section  500.  After  making  whatever  changes  are  deemed  necessary, 
the  viewers  shall  make  report  to  the  court,  showing  the  damages  and 
benefits  allowed  and  assessed  in  each  ease,  and  shall  file  therewith  a 
plan  showing  the  improvements,  the  properties  taken  or  injured,  and 
the  properties  benefited  thereby.  When  the  report  is  filed  notice 
thereof  shall  be  given  by  publication  once  in  the  newspaper  or  news- 
papers publishing  the  notice  provided  for  in  section  live  hundred  and 
one  of  this  act.  The  notice  shall  state  the  date  of  tiling  of  the  report, 
and  shall  contain  a  schedule  of  the  damages  and  benefits  as  shown 
therein.  It  shall  further  state  that,  unless  exceptions  thereto  be 
filed  or  an  appeal  for  a  trial  by  jury  be  taken  within  thirty  days  from 
the  date  of  filing  the  report,  it  will  be  confirmed  absolutely. 

Drafted  from  pari  of  Sec.  .H.  Act  of  June  7,  1001.  P.  D.  510. 

Section  507.  The  payment  of  damages  may  be  imposed  in  whole  or 
in  part  on  the  township,  or  in  whole  or  in  part  by  assessments  upon 
the  property  benefited  by  such  improvements,  as  tiie  viewers  may 

7 


98 

determine  and  the  court  approve.  In  the  latter  case,  the  viewers  ap- 
pointed to  assess  damages,  having  first  estimated  and  determined 
the  same  apart  fro,m  benefits,  shall  also  assess  the  damages,  or  so 
much  thereof  as  they  may  deem  just  and  reasonable,  upon  the  prop- 
erties peculiarly  benefited  by  the  improvement,  according  to  bene- 
fits received  in  each  particular  case,  including  in  the  assessment  all 
properties  that  will  be  benefited  thereby,  and  shall  report  the  same 
to  the  court.  The  total  assessments  for  benefits  shall  not  exceed  th© 
total  damages  awarded  or  agreed  upon. 

Drafted  from  Sec.  4,  Act  of  June  7,  1901,  Pi  L.  510. 

Section  508.  Upon  the  report  of  the  viewers,  or  any  two  of  them, 
being  filed  in  the  court,  any  party  may,  within  thirty  days  there- 
after, file  exceptions  thereto.  The  court  may  confirm  the  report  or 
modify,  change  or  otherwise  correct  the  same,  or  change  the  assess- 
ments made  therein,  or  refer  the  report  back  to  the  same  or  to  new 
viewers,  with  like  power  as  to  their  report.  Within  thirty  days  from 
the  filing  of  any  report  in  court,  any  party  whose  property  is  taken 
or  injured  may  appeal  and  demand  a  trial  by  jury.  Any  party  in- 
terested in  any  assessment  of  damages  or  benefits  may,  within  six 
months  after  a  final  decree  or  final  judgment,  have  an  appeal  to  the 
Superior  or  Supreme  Court.  The  court  of  quarter  sessions  may  order 
what  notice  shall  be  given  in  connection  with  any  part  of  said  pro- 
ceedings, and  may  make  all  orders  it  deems  requisite. 

Drafted  from  See.  5,  Act  of  June  7,  1901,  P.  L.  510.  See  also  Act  of  May 
10,  1921,  P.  L.  428,  Sec.  1743. 

Section  509.  After  the  passage  or  approval  of  any  ordinance  by  the 
board  of  commissioners,  for  the  opening,  widening,  straightening, 
extending,  or  vacating  any  road,  street,  or  alley,  notice  shall  within 
ten  days  thereafter  be  given  by  handbills  posted  in  conspicuous 
places  along  the  line  of  the  proposed  improvement.  Such  notice  shall 
state  the  fact  of  the  passage  or  approval  of  the  ordinance,  and  the 
date  of  the  passage  or  approval. 

Drafted  from  Sec.  6,  Act  of  June  7,  1901  P.  L.  510. 

Section  510.  The  width  of  a  public  road  in  townships  of  the  first 
class  shall  not  be  less  than  thirty-three  feet  nor  more  than  one  hun- 
dred and  twenty  feet. 

(Amendment  of  May  16,  1921,  P.  L.  666). 

Drafted  from  Sec.  1,  Act  of  June  7,  1907,  P.  L.  452,  amending  Sec.  7,  Act 
of  June  13,  1836,  P.  L.  551.  The  section  before  the  amendment  of  1921 
provided  that  the  maximum  width  shall  not  exceed  eighty  feet. 

Section  511.  Any  township  of  the  first  class,  adjacent  to  any  city 
or  borough,  may  lay  out  and  open  a  public  road,  within  the  township, 


99 

which  will  be  a  continuation  or  extension  of  ;<  street  already  opened 
;uk1  traveled  by  the  public  within  such  city  <>r  borough,  of  the  same 
width  as  the  street  <>!'  which  it  is  n  continuation  or  extension.  The 
opening  of  such  road  shall  he  subject  to  all  of  the  foregoing  pro- 
visions governing  the  laying  oul  and  opening  of  public  roads  in  town- 
ships of  the  first  class,  excepting  as  to  the  width  thereof. 

Drafted  from  Sec.  1,  Act  of  March  18,  1901,  P.  L.  51. 

Section  512.  Townships  of  the  first  class  may  vacate,  in  whole  or 
in  part,  all  streets,  lanes,  and  alleys  within  their  limits,  laid  oul  by 
this  Commonwealth,  whenever  the  same,  for  the  portion  to  be  vacated, 
shall  have  remained  unopened  for  a  continuous  period  of  thirty  years 
next  preceding  such  vacation. 

In  exercising  this  power  all  proceedings  tor  the  ascertaining  of 
damages,  and  the  assessment  of  benefits  incident  thereto,  shall  be  as 
provided  in  sections  tour  hundred  and  ninety-five  to  five  hundred  and 
nine,  inclusive,  of  this  act. 

Drafted  from  Sees.  1  and  2,  Act  «i'  March  21,  1905,  P.  L.  4G. 

(b)  Laying   Out  and   Establishing   Grades,  and   Grading,  Paving, 
Constructing,  and  Repairing  Roads,  Etc.,  at  Public  Expense. 

Section  525.  The  hoard  of  township  commissioners  may  lay  out, 
establish,  and  re-establish  grades,  and  may  grade,  pave,  and  con- 
struct, all  roads,  streets,  lanes,  and  alleys  within  the  township  law- 
fully laid  out.  and  keep  the  same  in  good  order  and  repair.  The  hoard 
may  accept  any  roads,  streets,  lanes,  or  alleys  dedicated  to  public 
use. 

Drafted  from  pdrt  of  Sec.  1,  Act  of  May  24.  1901,  P.  L.  297. 

(c)  Paving  upon  Petition  of  Two-Thirds  of  Property  Owners,  and 

Curbing  or  Macadamizing  Streets,  Etc.     Assesment  of  Two- 
Thirds  of  Cost  and  Expenses  upon  Abutting  Property. 

Section  535.  Any  township  of  the  first  class  may  pave.  curb,  or 
macadamize,  with  brick,  stone,  or  other  suitable  materials  any  public 
street  or  thoroughfare,  or  part  thereof,  laid  out  and  opened  in  the 
township.  No  street  or  thoroughfare, jor  any  part  thereof,  shall  be 
paved  under  the  provisions  of  this  section,  except  upon  the  petition 
of  two-thirds  of  the  owners  of  property,  representing  not  less  than 
two-thirds  in  number  of  feet  front  of  the  properties,  abutting  on  the 
street  or  thoroughfare,  or  the  pari  thereof,  proposed  to  be  paved. 

Drafted  from  part  of  Act  of  April  22,  1909,  P.  L.  J17. 


100 

Section  536.  Two-thirds  of  the  cost  and  expenses  of  any  such  im- 
provement may  be  collected  from  the  owners  of  the  real  estate 
abutting  on  such  street  or  thoroughfare,  or  part  thereof,  by  an  equal 
assessment  on  the  feet  front.  Such  assessment  shall  be  estimated 
by  the  person  in  charge  of  the  work  or  by  other  competent  authority 
designated  by  the  township  commissioners. 

Drafted  from  part  of  Sec.  1,  Act  of  April  22,  1909,  P.  D.  117. 

Section  537.     All  assessments  for  paving,  curbing,  or  macadamiz- 
ing, under  section  five  hundred  and  thirty-six  of  this  act,  shall  be 
filed  with  the  township  secretary.     The  secretary  shall  give  thirty 
days'  written  or  printed  notice  that  the  assessments  are  due  and 
payable  to  each  party  assessed,  either  by  service  on  the  owner  or 
agent  or  left  on  the  assessed  premises.     If  the  assessments,  or  any 
of  them,  remain  unpaid  at  the  expiration  of  said  thirty  days,  they 
shall  be  placed  in  the  hands  of  the  township  solicitor  for  collection. 
The  solicitor  shall  collect  the  same,  together  with  five  per  centum 
additional  as  attorney's  commission,  and  interest  from  the  comple- 
tion of  the  improvement,  by  a  municipal  claim  filed  against  the  delin- 
quent owner  in  like  manner  as  municipal  claims  are  now  collected. 
When  an  owner  has  two  or  more  lots  against  which  there  is  an  assess- 
ment for  the  same  improvement,  all  such  lots  shall  be  embraced  in 
one  claim. 

Drafted  from  part  of  Sec.  2,  Act  of  April  22,  1909,  P.  L.  117.     All   pro- 
visions included  in  the  municipal  claim  act  of  1901  were  omitted. 

Section  538.  The  term  "owner"  means  all  individuals,  corpora- 
tions, public  or  private  copartnerships,  and  associations  having  any 
title  or  interest  in  the  property  assessed.  If  the  owner  to  whom 
notice  is  required  to  be  given  is  a  nonresident  of  the  township,  and 
his,  her,  or  their  place  of  residence  is  unknown,  or  if  the  ownership 
of  the  property  cannot  be  ascertained,  the  notice  shall  be  posted  on 
the  premises  and  a  copy  left  with  the  occupant,  if  there  be  one. 

Drafted  from  Sec.  5,  Act  of  April  22,  1909,  P.  L.  117. 


101 

(d)  Grading,  Paving,  Curbing,  Macadamizing,  or  Otherwise  Im- 
proving Streets,  Etc.,  Upon  Petition  of  a  Majority  of  Prop- 
erty Owners;  and  Assessment  of  Costs,  Damages  and  Ex- 
penses According  to  Benefits. 

Section  550.  Townships  of  the  firsl  class  may.  upon  petition  of 
a  majority  of  property  owners  in  interest,  based  upon  the  number  of 
feet  abutting  on  the  line  of  the  proposed  improvement,  verified  by 
affidavit  of  one  of  the  parties  to  the  petition,  grade  pave,  curb,  mac- 
adamize, or  otherwise  improve  any  street,  or  public  alley,  or  pari 
thereof,  within  its  limits,  or  which  may  bo  in  whole  or  in  part  bound- 
aries thereof. 

Drafted  t'r S( ■<-.  1.  An  of  May  23,  1913,  P.  L.  348. 

Section  551.  The  majority  in  interest  required  for  a  petition  to 
the  township  commissioners  shall  be  fixed  as  of  the  date  of  the 
presentation  of  the  petition.  After  the  passage  or  approval  of  any 
ordinance  for  the  grading,  paving,  macadamizing,  or  otherwise  im- 
proving any  street,  lane  or  alley,  notice  shall,  within  ten  days,  be 
given  by  handbills  posted  in  conspicuous  places  along  the  line  of  the 
proposed  improvement.  Such  notice  shall  state  the  fact  of  the  pas- 
sage of  approval  of  the  ordinance,  the  date  of  the  passage  or  ap- 
proval, that  the  petition  for  the  improvement  was  signed  by  a  ma- 
jority in  interest  and  number  of  owners  of  property  abutting  on  the 
line  of  the  proposed  improvement,  and  that  any  person  interested 
denying  the  fact  that  the  petition  was  so  signed,  may  appeal  to  the 
court  of  common  pleas  within  sixty  days  from  the  passage  or  ap- 
proval of  the  ordinance. 

Drafted  from  part  of  Sea  6,  Act  of  May  23,  1913,  P.  L.  348. 

Section  552.  The  court  shall  determine  whether  the  improvement 
was  petitioned  for  by  the  requisite  majority.  If  the  court  finds  that 
it.  was  not  so  petitioned  for,  it  shall  quash  the  ordinance.  If  said 
court  finds  that  it  was  so  petitioned  for,  it  shall  approve  the  ordi- 
nance. If  no  appeal  is  taken,  or  if  the  court  on  appeal  approves  the 
ordinance,  the  township  may  proceed  with  the  improvement.  There- 
after all  parties  interested  shall  be  estopped  from  denying  the  fact 
that  the  petition  was  signed  by  the  requisite  majority  of  property 
owners  as  required  by  this  act. 

Drafted  from  part  of  Sec.  fi,  Act  of  May  23.  1913,  P.  L.  348. 

Section  553.     The  township  or  any  person  or  persons  interested 
may,  at  any  time  after  such  work  or  labor  has  been  done,  or  material 
furnished,  or  damage  done    present  a  petition  in  the  court  of  com 
mon  pleas,  or  to  any  law  judge  thereof  in  vacation.     The  court  shall 


102 

appoint  three  viewers  from  the  county  board  of  viewers,  and  appoint 
a  time,  not  less  than  twenty  or  more  than  thirty  days  thereafter, 
when  the  viewers  shall  meet  upon  the  line  of  the  proposed  improve- 
ment and  view  the  same  and  the  premises  affected  thereby.  The 
viewers  shall  give  at  least  ten  days'  notice  of  the  time  of  their  first 
meeting,  by  publication  in  one  or  more  newspapers  published  in  the 
township  or  of  general  circulation  therein,  and  by  handbills  posted 
upon  the  premises,  or  otherwise,  as  the  court  shall  direct. 

Drafted  from  part  of  Sec.  1,  Act  of  May  23,  1913,  P.  L.  348. 

Section  554.  The  viewers,  having  been  sworn  or  affirmed  faith- 
fully, justly,  and  impartially  to  decide  and  a  true  report  to  make 
concerning  all  matters  and  things  to  be  submitted  to  them  or  in  rela- 
tion to  which  they  are  authorized  to  inquire,  and  having  viewed  the 
premises  and  examined  the  property,  shall  hear  all  parties  interested 
and  their  witnesses.  They  shall  estimate  and  determine  the  value  of 
property  taken,  injured,  or  destroyed,  and  to  Avhom  the  same  is  pay- 
able ;  and  shall  assess  the  costs  and  expenses  of  the  grading,  paving, 
curbing,  macadamizing,  or  otherwise  improving  said  street,  lane,  or 
alley  and  the  damages  for  property  taken,  injured,  or  destroyed, 
upon  the  property  benefited,  according  to  benefits. 

Drafted  from  part  of  Sec.  2,  Act  of  May  23,  1913,  P.  L.  348. 

Section  555.  The  viewers  shall  prepare  a  schedule  of  the  damages 
and  benefits  as  determined  in  the  preceding  section,  and  shall  give 
notice  to  all  parties  to  whom  damages  are  allowed,  or  upon  whom 
assessments  for  benefits  are  made,  of  a  time,  not  less  than  ten  days 
after  the  date  of  such  notice,  and  of  a  place  where  said  viewers  shall 
meet  and  exhibit  said  schedule  and  hear  all  exceptions  thereto  and 
evidence  thereon.  Notice  of  the  time  and  place  of  such  meeting  shall 
be  given,  in  the  manner  provided  by  law  for  the  service  of  a  summons 
in  personal  actions,  upon  all  parties  allowed  damages  or  assessed 
benefits,  as  shown  by  said  schedule,  if  the  parties  can  be  found  in  the 
township,  or  upon  an  adult  person  residing  on  the  property  affected 
by  the  assessment  in  case  the  owner  or  repifted  owner  cannot  be 
found,  and  to  all  other  persons  by  publication  in  the  newspaper  in 
which  the  first  notice  of  the  view  was  published.  When  no  service 
is  made  upon  the  owner,  reputed  owner,  or  upon  an  adult  person 
residing  on  the  property  affected,  the  notice,  where  publication  there- 
of has  been  made,  shall  be  properly  served  if  tacked  or  conspicuously 
posted  upon  the  premises. 

Drafted  from  part  of  Sec.  2,  Act  of  May  23,  1913,  P.  L.  348. 

Section  556.  After  making  whatever  changes  are  necessary,  the 
viewers  shall  make  report  to  the  court,  showing  damages  and  benefit* 


L03 

allowed  and  assessed  in  each  case,  and  shall* file  therewith  a  plan 
showing  the  improvement;  the  properties  taken,  injured,  or  de- 
stroyed, thereby,  and  the  properties  benefited. 

Drafted  from  pari  of  Sec.  2,  Act  of  May  23,  1913,  P.  L.  348. 

Section  557.  The  damages  sustained  and  the  costs  and  expenses 
incurred  by  making  the  improvements  may  be  paid  either  in  whole 
or  in  part  by  the  township,  or  in  whole  or  in  part  by  assessments 
upon  the  prop<  in  benefited,  as  the  viewers  may  determine  and  the 
court  approve. 

If  assessments  are  made  on  the  property  benefited,  the  viewers 
shall  first  estimate  and  determine  the  damages  apart  from  the  bene- 
fits, and  shall  then  assess  the  damages  or  so  much  thereof  as  they 
deem  just  and  reasonable,  upon  the  properties  peculiarly  benefited 
by  the  improvements.  All  property  for  which  damages  have  been  al- 
lowed may  be  included  in  the  assessment,  if,  in  the  judgment  of  the 
viewers,  such  properties  will  be  benefited  by  the  improvements.  The 
viewers  shall  report  the  assessments  to  the  court.  The  total  assess- 
ment for  benefits  shall  not  exceed  the  total  costs,  damages,  and  ex- 
penses awarded  and  agreed  upon. 

Drafted  from  Sec.  3,  Act  of  May  23,  1913,  P.  L.  348. 

Section  558.  When  said  report  is  filed,  notice  shall  be  given  by 
publication  once  in  the  newspaper  or  newspapers  publishing  the 
notice  provided  for  in  section  five  hundred  and  fifty-three  of  this  act. 
The  notice  shall  state  the  date  of  the  filing  of  the  report  and  shall 
contain  a  schedule  of  the  damages  and  benefits  as  shown  therein.  The 
notice  shall  further  state  that  unless  exceptions  to  the  report  are 
filed  or  an  appeal  for  a  jury  trial  is  demanded  within  thirty  days 
from  the  date  of  its  filing,  the  report  will  be  confirmed  absolutely. 

Drafted  from  part  of  Sec.  2,  Act  of  May  23,  1913,  P.  L.  348. 

Section  559.  The  viewers  may  be  appointed  at  any  time  before  or 
after  the  entry,  taking,  appropriation,  or  injury  of  any  property  or 
miterials  for  constructing  said  improvements,  or  before  or  after  the 
commencement  of  the  improvements.  '  All  court  costs  incurred  in 
the  proceedings  shall  be  defrayed  by  the  township. 

Drafted  from  Sec.  4,  Act  of  May  23,  1913,   P.  L.  348. 

Section  500.  Upon  the  filing  of  the  report  of  the  viewers,  or  any 
two  of  them,  in  the  court,  any  party  interested  may.  within  thirty 
days  thereafter,  rile  exceptions  thereto.  The  court  may  confirm  the 
report,  or  modify,  change,  or  otherwise  correct  the  same,  or  change 
the  assessments  made  therein,  <>r  refer  the  report  back  to  the  same 
or  new  viewers,  with  like  power  as  to  their  report.     When  the  report 


104 

is  fii'st  filed  in  court  the  prothonotary  thereof  shall  mark  it  confirmed 
nisi,  and  in  case  no  exceptions  are  filed  thereto  within  thirty  days 
lie  shall  enter  a  decree  as  of  course  thai  the  report  is  confirmed  abso- 
lutely. 

Drafted  from  part  of  Sec.   5,  Act  of  May  23,   1913,  P.   L.  348.     See  also 
Act  of  May  10,  1921,  P.  L.  428,  Sec  1743. 

Section  561.  Within  thirty  days  after  the  report  is  filed  any  party 
whose  property  is  taken,  injured,  or  destroyed,  or  who  is  assessed 
benefits,  may  appeal  to  the  court  of  common  pleas  and  demand  a 
trial  by  jury.  Upon  the  trial  of  any  such  appeal  in  court,  the  report 
of  the  viewers,  as  finally  approved,  confirmed,  modified,  or  changed 
by  the  court,  shall  be  prima  facie  evidence  of  the  benefits  therein 
mentioned.  In  case  the  party  appellant  does  not  obtain  a  verdict, 
more  favorable  than  the  report  of  the  viewers,  as  finally  confirmed, 
modified,  or  changed,  the  appellant  shall  not  recover  any  costs  on 
the  appeal. 

Drafted  from  part  of  Sec.  5,  Act  of  May  23,  1913,  P.  L.  348.  See  also 
Act  of  May  10,  1921,  P.  L.  428,  infra  Sec.  1743. 

Section  562.  Within  six  months  after  the  confirmation,  modifica- 
tion, changing,  or  correction  of  any  report,  or  after  the  verdict  of 
the  jury  and  final  judgment,  any  interested  party  may  appeal  to  the 
Superior  or  Supreme  Court. 

Drafted  from  part  of  Sec.  5,  of  May  23,  1913.  P.  L.  348. 

The  time  for  taking  an  appeal  to  the  Superior  or  Supreme  Court  has  been 
changed  from  thirty  days  to  six  months  in  accordance  with  the  decision  in 
Scranton  Sewer,  213  Pa.  Jf. 

Section  563.  No  such  appeals  shall  prevent  the  filing  of  liens 
by  any  township  of  the  first  class  for  any  assessment  made  by  said 
report.  Upon  the  final  determination  of  the  issue,  the  court  shall 
make  such  order  as  to  liens  filed  as  shall  appear  right  and  proper. 

Drafted  from  part  of  Sec.  5,  Act  of  May  23,  1913.  P.  L.  348. 

Section  564.  The  report  as  finally  confirmed  shall  be  conclusive 
as  to  any  assessments  made  therein  to  pay  the  costs,  damages,  and 
expenses  of  the  improvement. 

All  assessments  for  benefits  to  pay  damages,  costs,  and  expenses 
shall  bear  interest  at  the  expiration  of  thirty  days  after  they  are 
finally  ascertained  and  fixed,  and  shall  be  payable  to  the  treasurer 
or  proper  officer  of  the  township. 

Drafted  from  parts  of  Sees.  5  and  6,  Act  of  May  23,  1913,  P.  L.  348. 

Section  565.  The  right  of  petition  for  appointment  of  the  board 
of  viewers,  the  right  of  exception  thereto  and  of  appeal  to  the  Superior 


105 

and  Supreme  Court,  is  hereby  conferred  upon  any  taxpayer  of  such 
township  who  would  he  affected  by  the  portion  of  the  cost,  damages, 
and  expenses  imposed  upon  the  township.  If  the  township  authori- 
ties shall  fail,  within  six  months  after  final  decree  of  confirmation 
absolute  of  any  report  of  viewers,  to  file  a  municipal  lien  for  the 
amount  of  assessmenl  against  any  owner  or  reputed  owner,  any  tax- 
payer of  the  township  may,  within  six  months  thereafter,  file  such 
lien  on  behalf  of  the  township,  withjn  said  period  of  six  months, 
and  may  take  any  necessary  steps  for  collection  and  revival  thereof. 
No  appeal  from  the  assessment  in  said  report  <>f  damages  for  pro- 
perty taken,  injured  or  destroyed,  or  from  any  assessment  of  such 
damages  upon  properties  taken,  injured  or  destroyed,  shall  have  the 
effect  of  delaying  the  absolute  continuation  of  the  report  as  to  all 
assessments  unappealed  from,  or  from  which  no  appeal  shall  lie, 
and  in  any  proceeding  to  enforce  collection  of  any  lien,  no  defense 
shall  he  permitted  to  he  imposed  which  might  have  been  set  up  on 
exception  to  or  appeal  from  the  report  of  said  viewers. 

This  section  is  new. 

(e)  Grading,  Paving,  Curbing,  Macadamizing,  or  Otherwise  Im- 
proving Connecting  Streets,  Additional  Widths  of  State 
Highways,  Et  Cetera. 

Section  585.  Townships  of  the  first  class  may,  without  petition 
of  property  owners,  grade,  pave,  curb,  macadamize,  and  otherwise 
improve  public  streets  and  thoroughfares,  or  parts  thereof,  when 
said  streets  or  thoroughfares  do  not  exceed  one  thousand  feet  in 
length  and  connect  two  streets  or  thoroughfares  theretofore  paved 
or  improved. 

Townships  of  the  first  class  may  without  petition  of  property 
owners,  grade,  pave,  curb,  macadamize,  and  otherwise  improve  any 
additional  width  of  any  State  highway,  when  a  defined  width  of  such 
State  highway  is  being  or  has  been  permanently  improved  by  the 
State  Highway  Department.  Any  such  improvement  shall  be  made 
only  with  the  consent  and  approval  of  the  State  Highway  Depart- 
ment. 

(Amendmenl    of   April   21,   1921,    P.   L.   L'tiT). 

Drafted  from  Sec.  1,  Act  of  May  12,  1911,  P.  L.  307.    The  last  paragraph 
was  added  by  this  amendment. 

This  section  was  amended  twice  at  the  session  of  19-1. 

Section  585.  Townships  of  the  first  class  may,  without  petition 
of  property  owners,  grade,  pave,  curb,  macadamize,  and  otherwise 
improve  public  streets,  highways,  and  thoroughfares,  or  parts  there- 
of, laid  out  and  opened  in  the  township,  or  which  have  been  adopted 


106 

by  the  Board  of  Township  Commissioners  as  township  streets,  and 
entered  and  received  in  the  general  plan  of  streets  and  alleys  of 
the  township. 

Sec.  585.  Act  of  July  14,  1917,  P.  L.  840,  as  amended  by  Sec.  1,  Act  of 
May  25.  1921.  P.  L.  1123. 

Drafted  from  See.  1,  Act  of  May  12,  1911,  P.  L.  307. 

This  amendment  eliminated  the  provisions  in  the  original  section  limiting 
the  improvement  to  streets  not  exceeding  one  thousand  feet  in  length,  and 
required  fhat  the  improvements  should  he  to  streets  adopted  and  entered 
upon  the  general  plan. 

Section  586\  The  ordinance  authorizing  such  improvement  shall 
be  adopted  by  an  affirmative  vote  of  three-fourths  of  the  members 
of  the  board  of  commissioners  of  the  township.  No  such  ordinance 
shall  be  finally  adopted  in  less  than  thirty  days  from  the  date  of  its 
introduction.  Copies  of  such  ordinance  shall  be  published  in  a 
newspaper  in  the  township,  or  circulating  therein,  once  a  week  for 
two  weeks,  and  by  at  least  five  handbills  posted  along  the  proposed 
improvement  ten  days  before  the  final  passage  of  such  ordinance,  and 
by  mailing  a  notice  to  each  owner  of  property  abutting  on  said  im- 
provement, at  his  last  known  post-office  address,  at  least  ten  days  be- 
fore the  final  passage  of  such  ordinance. 

Section  587.  The  board  of  commissioners  may  collect  the  cost  and 
expense  of  such  improvement  from  the  owners  of  real  estate  bounding 
or  abutting  thereon,  by  an  equal  assessment  on  the  foot-front.  Said 
assessment  shall  be  made  and  collected  as  provided  in  sections  five 
hundred  and  thirty-five  and  five  hundred  and  thirty-eight,  inclusive, 
of  this  act. 

(Amendment  of  May  25,   1921,  P.  L.  1123,  Sec.  2). 

Drafted  from  Sec.  2,  Act  of  May  12,  1911,  P.  L.  307. 

This  amendment  permits  the  collection  of  the  cost  of  the  improvement 
instead  of  two-thirds  of  the  cost,  as  provided  in  the  original  section. 

(f)      Grading,   Curbing,  Paving,   Macadamizing   Boundary   Streets, 

Et  Cetera. 

Section  600.  Townships  of  the  first  class  may  enter  into  agree- 
ments with  adjoining  boroughs  for  the  grading,  paving  and  curbing, 
or  macadamizing,  of  streets  and  alleys  which  may  be  boundaries 
between  such  townships  and  boroughs ;  and  may  provide  in  such 
contract  that  the  damages,  cost,  and  expenses  of  such  improvement 
shall  be  divided  between  such  townships  and  boroughs  in  proportions 
agreed  upon. 

Drafted  from  Sec.  1,  Act  of  Julv  10.  1901,  P.  L.  637. 


107 

Section  601.  In  grading,  paving  and  curbing,  or  macadamizing, 
any  such  streets  or  alleys,  townships  of  the  lifst  class  slmll  exercise 
such  power  upon  petition  of  a  majority  of  the  property  owners  only, 
in  interest  and  number,  abutting  the  line  of  the  proposed  improve- 
ment within  the  township  limits,  to  be  verified  by  the  affidavit  of  one 
of  the  petitioners  ;  a  majority  in  interest  of  owners  of  undivided  inter- 
est* in  any  piece  of  property  to  be  treated  as  one  person  asking  that 
such  improvement  be  made. 

Drafted  from  part  of  Sec.  2,  Act  of  July  10,  1901,  I'.  L.  637. 

Section  602.  The  portion  of  the  damages,  costs  and  expenses 
agreed  to  be  paid  by  any  township  shall  be  ascertained,  and  the 
benefits  incident  thereto  shall  be  assessed  and  collected,  in  the 
manner  provided  in  sections  five  hundred  and  fifty  to  five  hundred 
and  sixty-four  of  this  act. 

Drafted  from  part  of  Sec.  2,  Act  of  July  10,  1901,  P.  L.  037. 

(g)     Township  Aid  in  the  Improvement  of  County  Roads. 

Section  CIO.  Whenever  the  county  commissioners  are  about  to 
improve  any  road  or  street  in  any  townships  of  the  first  class,  and 
the  part  of  such  road  or  street  so  to  be  improved,  will  be  less  than 
three-fifths  of  the  total  width  of  said  road  or  street  as  laid  out  or 
dedicated,  the  board  of  township  commissioners  may,  by  ordinance, 
enter  into  an  agreement  with  the  county  commissioners,  providing 
that  the  county  improve  said  road  or  street  for  a  width  of  twenty- 
four  feet  or  a  width  equal  to  three-fifths  (3-5)  of  the  total  width  of 
said  road  or  street. 

Drafted  from  part  of  Sec.  1,  Act  of  June  19,  1913,  P.  D.  541. 

Section  611.  Such  ordinance  shall  stipulate  that  the  township 
shall  bear  thirty-three  and  one-third  per  centum  of  the  total  cost  of 
such  improvement,  and  the  county  shall  bear  the  remaining  cost 
thereof.  It  shall  further  provide  that  the  county  commissioners  may 
issue  permits  determining  the  manner  in  which  public  service  or 
other  corporations,  or  individuals,  shall  place  under  such  road  or 
streets,  pipes,  conduits,  telegraph  lines,  or  other  devices.  The  ordin- 
ance shall  also  provide  that,  after  such  road  or  street  is  improved, 
it  shall  be  the  duty  of  the  county  to  keep  and  maintain  such  improved 
road  or  street  in  good  repair.  The  township  may  police  such  road  or 
street. 

Drafted  from   the  second   paragraph  of  Sec.   1,   Act  of  June  19,   1913,   P. 
L.  541. 

Section  611'.     The  board   of  township   commissioners   may   assess 
the  whole  or  any  pari  of  the  one  third   i  L-3)  of  the  total  cost  of  said 


108 

impro  Yemen  t  upon  the  real  estate  abutting  upon  the  improved  road 
or  street  according  to  the  foot-front  rule  or  according  to  benefits, 
as  the  board  of  township  commissioners  shall  by  ordinance  determine. 

Drafted  from  part  of  Sec.  2,  Act  of  June  19,  1913,  P.  L.  541. 

Section  613.  No  ordinance  shall  be  passed  providing  for  the  as- 
sessment of  costs  or  expenses,  as  provided  in  the  next  preceding  sec- 
tion, except  upon  the  petition  of  a  majority  in  number  or  of  a 
majority  in  interest  of  the  owners  of  property  abutting  on  the  line 
of  the  proposed  improvement,  requesting  the  township  commissioners 
to  join  with  the  county  commissioners  in  the  improvement  of  the 
road  or  street,  which  petition  shall  be  verified  by  the  affidavit  of  one 
of  the  petitioners ;  one-half  in  interest  of  owners  of  undivided  in- 
terests in  any  one  piece  of  property  shall  be  treated  as  one  person 
and  sufficient  to  bind  said  property  for  the  purpose  of  such  petition. 

Drafted  from  the  proviso  of  See.  2,  Act  of  June  19,  1913,  P.  L.  541. 

Section  614.  When  the  costs  and  expenses,  or  any  part  thereof, 
are  to  be  paid  for  by  the  foot-front  rule,  the  township  shall  assess 
the  cost  and  expense  upon  the  real  estate  abutting  on  the  line  of 
the  improvement,  by  an  equal  assessment  on  said  property  in  pro- 
portion to  the  number  of  feet  the  same  fronts  on  the  respective  road 
or  street  improved.  The  commissioners  may  provide  for  an  equitable 
reduction  from  the  frontage  of  lots  at  all  street  and  other  intersec- 
tions, and  at  other  places  where,  from  the  peculiar  or  the  pointed 
shape  of  the  lots,  an  assessment  for  the  full  frontage  would  be  in- 
equitable. 

Drafted  from  part  of  Sec.  2,  Act  of  June  19,  1913,  P.  L.  541. 

Section  615.  When  the  costs  and  expenses,  or  any  part  thereof, 
is  to  be  paid  for  by  the  real  estate  abutting,  according  to  benefits, 
the  same  shall  be  assessed  by  viewers  appointed  by  the  court  of 
common  pleas  in  the  manner  provided  in  sections  five  hundred  and 
fifty  to  five  hundred  and  sixty-four,  inclusive,  of  this  act. 

Drafted  from  part  of  Sec.  2,  Act  of  June  19,  1913,  P.  L.  541. 

(h)     Plans  of  Streets. 

Section  625.  Every  township  of  the  first  class  shall  have  a  general 
plan  of  its  streets,  and  alleys,  including  those  which  have  been  or 
may  be  laid  out  but  not  opened.  Such  plan  shall  be  filed  in  the 
office  of  the  engineer  or  other  proper  office  of  the  township,  and  all 
subdivisions  of  property  thereafter  made  shall  conform  thereto.  No 
streets  or  alleys,  or  parts '  thereof,  laid  out  and  confirmed,  shall 
afterwards  be  altered  without  the  consent  of  the  commissioners  of 


109 

the  township.  No  person  shall  be  entitled  to  recover  any  damages 
for  any  improvements  placed  or  constructed  within  the  lines  of  any 
street  or  alley  after  the  same  has  been  located  or  ordained  on  the 
plan  provided  for  by  this  section. 

(Amendment  of  May  16,  1921,  P.  L.  034). 

The  original  section  was  drafted  from  Sec.  7,  Act  of  May  23,  1913,  P.  L. 
3-18.  The  amendment  of  1921  eliminates  the  requirement  that  maps  or 
plots  of  streets  or  alleys  must  he  approved  by  the  township  commissioners 
before  they  can  be  entered  of  record  in  any  public  office  «f  the  county. 

Section  026.  That  in  townships  of  the  first-class,  all  plans,  plots, 
replots  of  lands  laid  out  in  building  lots,  and  the  streets,  alleys,  or 
other  portions  of  the  same,  intended  to  be  dedicated  to  public  use 
or  for  the  use  of  purchasers  or  owners  of  lots  fronting  thereon  or 
adjacent  thereto  and  located  within  the  limits  of  the  township,  shall 
be  submitted  to  the  Board  of  Township  Commissioners,  and  approved 
by  it,  before  it  shall  be  recorded;  and  it  shall  be  unlawful  for  the  re- 
corder of  deeds  of  the  county  wherein  said  land  is  situate  to  receive 
or  record  such  plan  unless  the  same  shall  bear  thereon,  by  indorse- 
ment or  otherwise,  the  approval  of  the  Board  of  Township  Com- 
missioners of  the  township  wherein  the  land  is  situated. 

(Amendment  of  May  16,  1921,  P.  L.  634,  Sea.  2). 
This  section  is  new. 

Section  627.  Any  person  violating  any  of  the  provisions  of  Sect- 
ions 625  and  626  of  this  act  shall  be  guilty  of  a  misdemeanor.  Upon 
conviction  thereof  any  such  person  shall  be  sentenced  to  pay  a  fine 
not  exceeding  five  hundred  dollars  ($500). 

(Amendment  of  May  16,  1921,  P.  L.  634,  Sec.  2). 
This  section  is  new. 


110 


CHAPTER  XI. 

ROADS,  STREETS,  AND   HIGHWAYS. 
ARTICLE  II. 

GENERAL  PROVISIONS. 

(a)     Laying  Out  Roads  Under  the  General  Road  Law. 

Section  G40.  Except  as  otherwise  in  this  act  provided,  or  except 
as  otherwise  provided  hy  local  or  special  legislation,  all  roads  wholly 
within  or  partly  within  townships  of  the  second  class,  and  all  roads 
partly  within  townships  of  the  first  class,  shall  be  laid  out,  widened, 
changed,  or  vacated  by  the  courts  of  quarter  sessions,  as  heretofore, 
in  the  manner  provided  by  the  general  road  law  and  the  amendments, 
additions,  and  supplements  thereto.  All  damages  and  benefits 
occasioned  by  such  laying  out  and  the  subsequent  opening  thereof, 
oir  by  any  such  widening,  changing,  or  vacation,  shall  be  assessed, 
collected,  and  paid  in  the  manner  provided  by  the  general  road  law 
and  the  amendments,  additions,  and  supplements  thereto. 

This  section  is  new  and  is  declaratory  of  the  existing  law. 

For  provisions  of  the  existing  law  relating  to  the  laying  out  of  public  roads, 
see  appendix  chapter  on  roads,  highways  and  bridges,  subdivision  (a)  See*. 
1726  to  1760,  inclusive. 

(b)     Opening  and  Repairing  Roads,  Et  Cetera. 

Section  660.  Public  roads  or  highways  laid  out  by  lawful  authori- 
ty in  townships  of  the  first  and  second  class  shall,  as  soon  as  may  be 
practicable,  be  effectually  opened  and  constantly  kept  in  repair.  All 
public  roads  or  highways  shall  at  all  seasons  be  kept  clear  of  all 
impediments  to  easy  and  convenient  traveling,  at  the  expense  of  the 
township. 

Drafted  from  See.  6,  Act  of  June  f3,  1836,  P.  L.  551,  and  Sec  9,  Act  of 
April  28,  1899,  P.  L.  104. 

In  an  action  against  a  township  for  damages  sustained  by  a  fall  over  an 
unguarded  slope,  the  existence  of  the  road  as  a  public  highway  may  be 
established  by  evidence  of  long  continued  travel  upon  it  and  repairs  by  the 
township,  and  record  evidence  of  the  laying  out  of  the  road  is  not  required  : 
Piatt  et  ux.  v.     Newport  Township,  21  Luz.  355. 


Ill 

(c)     Opening,  Repairing,  and  Improving  Roads  and  Highways  on 
Division  Line  of  Townships  or  Townships  and  Municipalities. 

Section  U7<>.  Roads  or  highways  laid  out  ou  a  Line  which  divides 
two  townships  shall  he  opened,  made,  kept  clear  and  in  repair,  at  the 
joint  and  equal  charge  of  such  townships.  Any  township  of  the  first 
or  second  class  necessarily  incurring  more  than  its  due  proportion 
of  such  charge  may  recover  the  excess  so  Incurred  from  the  other 
township. 

Drafted  Erom  Sec.  To.  Act  of  June  13,  1836,  P.  L.  551. 

Section  (571.  When  ajiy  public  road  is  laid  on  the  line  of  two 
townships,  if  the  commissioners  or  supervisors  of  either  township 
neglect  or  refuse  to  join  with  the  commissioners  or  supervisors  of 
the  other  township  in  opening  or  repairing  such  road,  the  commis- 
sioners or  supervisors  of  the  other  township  shall  open,  amend,  and 
repair  the  road,  and  are  authorized  to  collect  a  just  proportion  of 
the  cost  of  the  opening  and  repairing  of  such  road  from  the  township 
so  neglecting  or  refusing  to  join  in  such  opening  or  repairing.  The 
commissioners  or  supervisors  so  neglecting  or  refusing  shall  be  liable 
to  a  penalty  of  not  less  than  four  dollars  and -not  exceeding  fifty,  to 
be  recovered  in  a  summary  proceeding.  All  such  penalties  when 
recovered  shall  be  paid  into  the  township  road  fund. 
Drafted  from  See.  33,  Act  of  June  13,  1836,  P.  L.  551. 

Section  672.  Whenever  the  centre  line  of  any  highway  constitutes 
the  dividing  line  between  a  township  of  the  first  or  second  class  and 
any  city  or  borough,  the  commissioners  or  supervisors  of  the  town- 
ship, as  the  case  may  be,  may,  jointly  with  the  county,  enter  into  a 
contract  with  the  city  or  borough  providing  for  the  grading,  curbing, 
and  macadamizing  or  paving  of  such  highway. 

Drafted  from  part  of  Sec.  1,  Act  of  May  20,  1913,  P.  U  267. 

Section  673.  ^uch  alteration  or  improvement  shall  be  constructed. 
and  subsequent  repairs  shall  be  made,  under  the  supervision  of  the 
proper  authorities  of  the  city  or  borough,  in  compliance  with  the  laws 
governing  the  construction  of  such  alterations  or  improvements  in 
such  city  or  borough,  and  with  plans  and  specifications  to  be  agreed 
upon,  in  writing,  between  the  commissioners  or  supervisors  of  the 
township,  as  the  case  may  be  and  the  city  or  borough  and  the  commis- 
sioners of  the  county. 

Drafted  from  Sec.  2,  Act  of  May  20,  1913,  P.  L.  267. 

Section  674.  The  cost  of  any  alteration  or  improvement  shall 
be  borne  one-half  by  the  city  or  borough  and  one-half  by  the  county 
and  township  in  equal  portions. 


112 

The  cost  of  repairs  shall  be  borne  one  half  by  the  city  or  borough 
and  one  half  by  the  township,  or  by  the  county  and  township  in  equal 
portions,  or  such  other  proportions  as  are  agreed  upon  in  the  joint 
contract  of  the  township  with  the  county. 

Drafted  from  Sees.  1  and  2,  Act  of  May  20,  1913,  P.  L.  267. 

(d)  Changing  or  Altering  Roads  by  Agreement  with  Property 

Owners. 

Section  085.  Whenever  the  commissioners  or  supervisors  of  any 
township  of  the  first  or  second  class  deem  it  advisable  to  construct, 
change,  or  alter  any  part  of  any  public  road  under  their  supervision, 
within  this  Commonwealth,  and  can  agree  with  the  property  owners 
affected  by  such  change  as  to  damages,  they  may,  upon  payment  of 
damages  agreed  upon,  change  or  alter  such  part  of  such  public  road, 
as  contemplated  in  such  agreement,  without  the  formality  of  a  view. 

Drafted  from  Sec.  1,  Act  of  May  5,  1911,  P.  L.  123. 

Section  686.  No  such  change  or  alteration  of  any  part  of  any 
public  road  shall  be  made  the  costs  and  expenses  of  which,  including 
damages,  shall  exceed  three  hundred  dollars.  A  petition  setting 
forth  the  facts,  accompanied  by  a  map  or  draft  of  such  proposed 
ehange,  shall  be  presented  to  the  court  of  quarter  sessions  for  ap- 
proval before  such  actual  change  is  made  ;•  whereupon  the  neAv  loca- 
tion, approved  by  the  court,  shall  be  taken  to  be  the  public  road  and 
the  old  location  shall  be  vacated. 

Drafted  from  the  proviso  of  Sec.  1,  Act  of  May  5,  1911,  P.  L.  123. 

The  Act  of  May  5.  1911.  P.  L.  123.  was  amended  by  the  Act  of  July  11, 
1917,  P.  L.  777,  to  the  effect  that  no  such  change  or  alteration  of  any  part  of 
any  public  road  shall  be  made  the  costs  and  expenses  of  which,  to  such 
township,   including   damages  shall   exceed   three  hundred    dollars. 

(e)  Entry  on  Private  Property  to  Secure  Road  Material  and  to 

Open  Ditches  and  Drains. 

Section  695.  When  road  material  cannot  be  conveniently  obtain- 
ed by  contract  at  reasonable  prices,  the  commissioners  or  supervis- 
ors of  townships  of  the  first  or  second  class,  as  the  case  may  be,  may 
enter  upon  any  land  or  enclosure  within  their  township  lying  near 
the  road,  and  dig,  gather,  and  carry  upon  the  road  any  stones,  sand, 
or  gravel  which  they  think  necessary  to  make,  maintain,  or  repair 
the  road.  Tn  exercising  such  right  they  shall  do  no  unnecessary 
damage  to  the  owners  of  the  land,  and  shall  repair  any  breaches  of 
fences  which  they  make. 

This  section  is  new  but  covers  the   provisions  of  Sec.  2S,  Act  of  June  13, 
1836,  P.  Ii.  551. 


113 

Section  <'.!)(;.  Whenever  the  commissioners  or  supervisors  and  the 
owners  of  any  such  materials  cannot  agree  upon  the  price  to  be  paid 
therefor,  the  value  of  such  materials  shall  he  estimated  by  any  two 
of  such  three  persons  as  may  be  agreed  upon  by  such  commissioners, 
or  supervisors  and  owners. 

Drafted  from  Sec  29,  Act  of  June  13,  1836,  P.  L.  551. 

Section  097.  If  the  commissioners  or  supervisors  and  owners 
cannot  agree  upon  any  persons  to  estimate  the  value  of  the  materials 
taken,  the  owner  may  apply  to  a  justice  of  the  peace  residing  near 
the  place  where  such  materials  were  taken.  Such  justice  shall  appoint 
three  persons  —  one  on  Hie  nomination  of  the  commissioners  or 
supervisors,  one  on  the  nomination  of  the  owner  of  such  materials, 
ami  the  third  on  his  own  suggestion.  The  decision  of  the  persons 
so  appointed,  or  any  two  of  them,  shall  be  entered  upon  the  docket 
of  such  justice.  If  either  party  shall,  after  due  notice,  refuse  or 
neglect  to  nominate  such  person,  the  justice  shall  appoint  a  per- 
son in  his  stead. 

Drafted  from  Sec.  HO.  Act  of  June  13,  1836,  P.  L.  551. 

Section  698.  From  any  such  decision,  entered  upon  the  justice's 
docket,  an  appeal  may  be  taken  by  any  party  aggrieved  to  the  court 
of  common  pleas,  in  the  manner  provided  in  section  four  hundred  and 
seventy  one  of  this  act. 

This  section  is  new. 

Section  699.  The  township  Commissioners  or  supervisors  of  town- 
ships of  the  first  or  second  class  may  enter  upon  any  lands  or  enclos- 
ures, and  cut,  ofpen,  maintain,  and  repair  such  drains  or  ditches 
through  the  same  as.  in  their  judgment,  are  necessary  to  carry  the 
water  from  the  roads,  streets,  lanes,  or  alleys. 

Tf  any  person  shall  stop,  fill  up.  or  injure  any  such  drain  or  ditch 
or  shall  divert  or  change  the  course  thereof,  without  the  authority 
of  the  commissioners  or  supervisors,  such  persons  shall   for  every 
such  offence  forfeit  and  pay  a  sum  not  less  than  four  dollars  nor 
more  than   twenty  dollars. 

(Amendment  of  May  10.  1021.   Pv  L.  427). 

Drafted  from  Sees.  32  and  67.  Act  of  June  13.  1836,  P.  L.  551. 

The  amendment  of  1021  restored  the  words  "in  their  judgment"  in  the  first 
paragraph  which  were  omitted  from  the  acl  nf  1836  by  the  original  section. 

A  justice  of  the  peace  has  jurisdiction  of  an  action  hroneht  for  the  re- 
covery of  the  penalty  provided  by  this  section  but  the  record  of  the  justice 
must  show  jurisdiction  affirmatively,  and  where  the  record  does  not  show  that 
the  action  was  hrought  for  the  recovery  of  a  penalty  the  judgment  of  the 
justice  will  be  reversed  on  certiorari  Supervisors  of  Rnlphn  Tvp.  r. 
Cardell ,  J,  North  L.  J.  898  /  8.  c.  t.r,  Drl.  .9,9.0.-  .9  T.rlt.  t07. 

8 


114 

(f)      Opening,   Making,   Amending,   and    Repairing   Highways   and 
Bridges  by  Contracts  with  Taxpayers. 

Section  710.  Any  one  or  more  taxpayers  of  any  township  of  the 
first  or  second  class  may  acquire  the  right  to  furnish  all  the  materials 
and  lahor  necessary  for  opening,  making,  amending,  and  repairing 
the  public  highways  and  bridges  of  such  township,  in  manner  and 
under  the  conditions  set  forth  in  sections  seven  hundred  and  eleven 
to  seven  hundred  and  sixteen,  inclusive,  of  this  act. 

Drafted  from  Sec.  1,  Act  of  June  12,  1893,  P.  L.  451. 

Section  711.  To  acquire  such  right  such  taxpayers  shall,  before 
the  begining  of  the  township  fiscal  year,  present  to  the  court  of 
quarter  sessions  a  petition  setting  forth  that  he,  she,  or  it  or  they, 
are  the  owners  of  property  assessed  and  taxed  for  road  purposes  i; 
such  township,  the  approximate  number  of  miles  of  public  road  i'i 
such  township,  and  the  ability  of  the  petitioner  or  petitioners  to 
lay  out,  open,  make,  amend,  and  repair  the  public  highways  and 
bridges  of  such  township,  wholly  at  his,  her,  its,  or  their  own  expense, 
for  the  ensuing  township  fiscal  year,  and  to  pay  the  other  expenses 
of  such  township  as  hereinafter  provided,  without  any  right  against 
or  claim  upon  such  township  for  or  by  reason  of  the  materials,  labor, 
or  money  so  furnished. 

Drafted  from  part  of  Sec.  2,  Act  of  June  12,  1893,  P.  L.  451. 

Section  712.  The  petitioners  shall,  with  the  petition,  present  a  bond 
to  the  township,  in  a  sum  equal  to  five  hundred  dollars  for  each 
mile  of  public  road  in  the  township,  with  one  or  more  sufficient 
sureties,  to  be  approved  by  the  court,  conditioned  for  the  faithful 
performance  of  said  petitioner  or  petitioners  of  his,  her,  its,  or  their 
duty,  and  to  save  the  township  harmless  from  any  loss  or  claim  by 
reason  of  failure  so  to  perform  said  duty. 

Drafted  from  Sec.  3,  Act  of  June  12,  1893,  P.  L.  451. 

Section  713.  Notice  of  the  intention  of  presenting  the  petition 
and  bond,  and  of  the  time  when  said  petition  and  bond  will  be  present- 
ed to  the  court,  shall  be  given  to  the  commissioners  or  supervisors 
and  auditors  of  the  township,  at  least  ten  days  before  the  same  are 
presented. 

Drafted  from  Sec.  4,  Act  of  June  12,  1893,  P.  L.  451. 

Section  711.  When  the  petition,  bond,  and  proof  of  the  notice 
required  in  the  preceding  section,  are  presented  to  the  court,  the  same 
shall  be  ordered  filed ;  and  the  court,  being  satisfied  of  the  good 
faith  of  the  petitioners  and  the  sufficiency  of  the  petition,  bond,  and 
notice,  shall  order  and  direct  the  commissioners  or  supervisors,  on 


115 

behalf  of  the  township,  to  enter  into  a  contract  with  (he  petitioner 
or  petitioners.  In  such  contract  the  petitioner  or  petitioners  shall 
bind  him,  her,  itself  or  themselves: 

First.  To  open,  make,  amend,  and  repair  the  public  highways  and 
bridges  of  the  township  for  the  ensuing  fiscal  year  in  a  lawful  and 
workmanlike  manner,  wholly  at  the  expense  of  the  petitioner  or 
petitioners,  and  without  creating  thereby  any  claim  upon  or  right 
against  the  township  for  or  by  reason  of  the  materials,  labor,  or  money 
for  persons  employed. 

Second.  To  indemnify  and  save  harmless  the  township  from  all 
claim,  damage,  cost,  or  expense  of  whatever  kind,  for  or  by  reasoli 
of  any  act  or  omission  of  said  petitioner  or  petitioners  whereby  any 
claim,  suit,  or  other  demand  may  be  set  up  or  recovered  against  the 
township. 

Third.  To  pay,  within  sixty  days  from  the  beginning  of  the  fiscal 
year,  to  the  following  officers  of  such  township,  the  following  sums, 
to  l>e  received  by  said  officers  in  full  for  all  demands  against  such 
township  for  their  respective  services  as  such  officers  of  the  town- 
ship for  the  fiscal  years  for  which  the  said  contract  is  made,  which 
shall  be  in  lieu  of  the  compensation  otherwise  in  this  act  provided 
for  such  officers;  namely, — To  each  township  secretary,  the  sum  of 
fifty  dollars;  to  each  of  the  auditors  of  such  township,  the  sum  of 
twenty-five  dollars ;  to  an  attorney,  to  be  elected  by  such  super- 
visors or  commissioners  as  counsel  for  the  township,  the  sum  of 
fifty  dollars;  to  each  supervisor  or  commissioner,  the  sum  of  two 
hundred  and  fifty  dollars. 

Drafted    from    Sec.    5,    Act    of   June    12,    1893,    P.    L.    451.      The    safary 
provisions  are  new. 

Section  715.  In  consideration  of  the  obligations  set  out  in  the 
preceding  section  to  be  assumed  and  performed  by  the  petitioner 
or  petitioners,  the  supervisors  or  commissioners,  on  behalf  of  such 
township,  shall  stipulate  that  the  township  will  not  assess,  levy, 
or  collect  any  tax  for  road  purposes  during  the  fiscal  year  for 
which  such  contract  is  made. 

Drafted  from  See.  a.  Act  of  June  12,  1S93.  P.  L.  451. 

Section  716.  The  commissioners  or  supervisors  shall  view  and 
inspect  the  making  and  repairing  of  the  roads  in  such  townships, 
at  least  once  during  every  month,  and  satisfy  themselves  that  the 
petitioners  have  fully  complied  with  their  contract,  before  final 
settlement  and  expiration  of  contract.  If,  at  any  time,  the  com- 
missioners or  supervisors  shall  see  that  any  portion  of  the  roads 
need  repair,  they  shall  notify  the  petitioners  to  repair  the  same. 
In  case  said  petitioners  fail  to  repair  said  road   within  five  days 


116 

after  notice,  the  commissioners  or  supervisors  are  empowered  to 
purchase  such  materials  and  employ  such  men  as  may  be  necessary 
to  repair  such  road,  and  charge  the  same  to  the  petitioners. 

Drafted  from  pari   of  Sec.  2,  Act  of  June  12,  1893,  P.  Lr.  451. 

(g)     Highways  Crossing  Railroads.     Special  Uses  of  Highways. 

Section  725.  Every  township  of  the  first  or  second  class,  con- 
structing a  highway  across  a  railroad,  shall  construct  the  same 
above  or  below  the  grade  thereof  unless  permitted  by  the  Public 
Service  Commission  to  construct  the  same  at  grade. 

(Amendment  of  May  16,  1921,  P.  L.  564,  Sec.  8) . 

This  section  is  new.  The  amendment  of  1921  Tnade  no  change  in  the 
section,  but  added  the  words  "Special  Uses  of  Highways"  to  the  sub-heading, 
(g). 

Section  726.  Any  such  crossing  of  a  railroad  by  a  highway,  or 
any  vacation  of  any  highway  crossing  a  railroad,  shall  be  construct- 
ed only  in  the  manner  prescribed  by  and  under  the  jurisdiction  of 
the  Public  Service  Commission.  The  compensation  for  damages  to 
the  owners  of  adjacent  property,  taken,  injured,  or  destroyed  shall 
be  ascertained,  fixed,  and  paid  in  the  manner  prescribed  in  the 
Public  Service  Company  Law. 

(Amendment  of  May  16,  1921,  P.  L.  564,  Sec.  8). 

This  section  is  new.     The  amendment  added  no  new  matter  to  this  section. 

Section  727.  No  railroad  or  street  railway  shall  hereafter  be 
constructed  upon  any  township  highway;  nor  shall  any  railroad  or 
street  railway  crossing,  nor  any  gas-pipe,  water-pipe,  electric  con- 
duits, or  other  piping  be  laid  upon,  or  in,  nor  shall  any  telephone 
telegraph,  or  electric  light,  or  power  poles,  or  any  coal  tipples  or  any 
other  obstructions,  be  erected  upon,  or  in  any  portion  of  a  township 
highway,  except  under  such  conditions,  restrictions,  and  regula- 
tions, as  may  be  prescribed  by  the  State  Highway  Department. 

(Amendment  of  May  16,  1921,  P.  L.  564,   Sec.  8). 
This  section  is  new  and  was  added  by  this  amendment. 

(h)     Guide  Posts  and  Index-Boards. 

For  additional  provisions  relating  to  this  subject  see  appendix,  chapter  on 
roads,  highways   and  bridges,   subdivision    (r),   Sees.  1856  to  1857,  inclusive. 

Section  735.  The  commissioners  or  supervisors  of  townships  of 
the  first  and  second  class  shall  erect  posts  at  the  intersection  of  all 
public  roads,  and  at  one  of  the  angles  where  any  public  road  crosses 
another  public  road,  and  shall  firmly  fix  thereon  boards  of  metal 
signs,   with  index  hands  pointing  to  the  direction  of  such  roads ; 


117 

providing  that  if  a  tree,  trolley  pole,  telephone  pole,  or  telegraph 
pole  is  so  erected  that  it  can  be  used  in  place  of  a  post,  and  per- 
mission has  been  secured  from  the  owner  thereof,  such  tree,  or  pole 
may  be  used  in  place  of  a  post.  On  such  boards  and  signs  shall  be 
inscribed,  in  large  and  legible  characters,  the  name  of  the  town, 
village,  or  place  to  which  such  roads  lead,  and  the  distance  thereto 
computed  in  miles:  Provided,  where  any  public  highway  intersects 
or  crosses  a  State  Highway,  application  for  a  permit  shall  be  made 
ov  the  commissioners  or  supervisors  to  the  State  Highway  Depart- 
ment for  the  erecting  of  such  signs. 

(Amendment  of  May  1G,  1921,  P.  L.  554,  Sec.  1). 
Drafted  from  So.-,  til.  Act  of  June  13,  1836,  P.  L.  551. 
'Plic  provision  relating  to  the  erection  of  signs  on  tries  and  pules  ami  tin- 
proviso  are  new. 

Section  736.  If  any  commissioner  or  supervisor  neglects  or  re- 
fuses, after  twenty  days  personal  notice  of  the  absence  of  any  index 
boards  or  signs  provided  for  in  the  last  preceding  section,  or  that 
such  sign  or  index  board  has  been  so  worn  or  defaced  as  to  be  use 
less,  to  put  up,  or  repair,  or  keep  in  repair  such  signs  or  index 
boards,  such  commissioner  or  supervisor  shall  lie  liable  to  an  indict 
ment  for  a  misdemeanor,  and  upon  conviction  shall  be  sentenced  to 
a  fine  not  exceeding  fifty  dollars  at  the  discretion  of  the  court. 

(Amendment  of  May  Pi.  1921,  P.  L.  554.  Sec  2). 

The  original  section  was  drafted  from  Sec.  32,  Act  of  June  13,  1836,  P.  L. 
551. 

The  time  in  the  original  section  was  changed  to  twenty  days  ami  the  offence 
was  made  a  misdemeanor  by  the  amendment  of  1021. 

Section  737.  It  shall  be  unlawful  for  any  person  to  wilfully  de- 
stroy, remove,  injure,  or  deface  any  guide-post  or  sign  or  index- 
board  erected  upon  or  near  any  public  street,  road,  or  bridge  by  the 
authorities  of  any  township,  or  erected,  with  the  consent  of  the 
authorities  having  jurisdiction  over  such  street,  road,  or  bridge, 
by  any  club,  association,  or  other  organized  body  for  the  direction, 
guidance,  or  safety  of  travelers. 

Dratted  from   Sec   1.  Act   of  April  2:;.   1909,   P.   L.  171. 

Section  73S.  All  such  signs  of  wood,  metal,  or  other  substance, 
affixed  to  trees  or  posts  in  or  upon  any  highways,  properly  erected, 
in  such  manner  that  they  do  not  interfere  with  travel;  or  upon 
fences,  telegraph,  telephone,  trolley  or  other  poles,  with  the  per- 
mission of  the  owners  thereof;  or  upon  private  grounds  near  roads, 
where  consent  has  been  obtained  from  the  owners  and  tenants  there- 


118 

of, — shall  be  within  the  meaning  of  the  provisions  of  the  next  pre- 
ceding section. 

Drafted  from  Sec.  2,  Act  of  April  23,  1909,  P.  L.  171. 

Section  739.  Any  person  violating  sections  seven  hundred  and 
thirty-seven  and  seven  hundred  and  thirty-eight  of  this  act  shall  be 
guilty  of  a  misdemeanor,  and  shall  pay  a  fine  of  not  less  than  ten 
dollars  and  not  more  than  twenty-five  dollars,  with  all  costs  of 
prosecution,  together  with  the  value  of  such  sign  so  destroyed,  re- 
moved, or  defaced.  In  default  of  payment  of  said  fine,  costs,  and 
expenses,  he  shall  undergo  an  imprisonment  in  the  county  jail  for 
not  less  than  five  nor  more  than  sixty  days. 

Drafted  from  part  of  Sec.  1,  Act  of  April  23,  1909,  P.  L.  171,  and  Sec.  69, 
Act  of  June  13,  1836,  P.  L.  551. 

(i)     Protection  of  Highways  from  Snow-Drifts. 

Section  750.  Whenever  any  highways,  in  toAvnships  of  the  first 
or  second  class,  are  so  located  as  to  render  them  liable,  on  account 
of  high  Avind  during  the  winter  season,  to  be  so  filled  with  snow 
as  to  make  them  impassable,  and  in  the  judgment  of  the  supervisors 
or  commissioners,  as  the  case  may  be,  such  drifts  of  snow  can  be 
avoided  by  the  removal  of  any  fence  erected  along  either  side  Of  such 
highway  and  replacing  the  same  by  a  fence  constructed  of  posts, 
wire,  and  boards,  or  rail,  combined,  such  supervisors  or  commis- 
sioners may  agree  with  the  owners  of  such  fences  upon  a  plan  for 
the  erection  of  a  fence  constructed  of  posts,  wire,  and  board,  or 
rail,  combined.  The  township  may  pay  the  owners  of  such  fences 
a  sum  not  to  exceed  the  first  cost  of  the  wire  used  in  the  con 
struction  of  such  fences.  The  wire  used  in  the  construction  of  such 
fences  shall  be  without  barbs.  This  section  shall  not  apply  to  any 
stone  wall,  hedge,  or  ornamental  fence. 

Drafted  from  Sec.  1,  Act  of  May  26,  1897,  P.  D  98. 

(j)      Laying   Out  and   Opening    Roads   Leading   to   Driving-Parks, 

Fair-Grounds,  Et  Cetera. 

Section  760.  The  commissioners  or  supervisors  of  townships  of 
the  first  or  second  class,  as  the  case  may  be,  shall,  upon  the  petition  of 
persons  interested  in  maintaining  grounds  as  driving-parks,  fair- 
grounds, places  of  holding  annual  Grand  Army  or  soldiers'  or  sailors' 
encampments  or  reunions,  or  township  and  general  elections,  asking 
for  roads  across  the  improved  lands  of  any  person,  from  any  public 
road  or  higlnvay  to  said  grounds,  go  upon  the  lands  described  in 
such  petition  and  view  the  same.     Tf  the  commissioners  or  supervis- 


119 

ors  decide  thai  there  is  occasion  for  such  road,  they  shall  proceed 
to  lay  out  the  same,  and  shall  assess  such  damage  as,  in  their  opin- 
ion, the  owner  of  said  improved  lands  will  sustain  hy  the  opening  of 
such  road. 

Draft.-,]  from  Sec.  1.  Art  <>f  May  0,  1889,  I'.  L.  178. 

Secthm  761.  The  amount  of  damage,  if  accepted  hy  the  owner  of 
said  improved  lands,  shall  he  paid  hy  the  persons  at  whose  request 
such  road  was  laid  out.  On  the  payment  of  such  damages,  the  persons 
at  whose  request  said  road  was  laid  out  may  open  the  same  for  the 
use  for  which  it  was  designed.  If  required  by  the  owner  of  the  land, 
the  persons  opening  such  road  shall  fence  the  same  and  keep  said 
fences  in  repair. 

Drafted  from  See.  1.  Act  of  May  !>.  1889,  P.  L.  178. 

Section  762.  In  case  said  owner  of  the  lands,  through  which  such 
road  is  laid  out,  does  not  accept  of  the  amount  of  damage  assessed 
by  said  commissioners  or  supervisors,  and  the  owner  of  the  land  and 
the  persons  asking  for  such  road  cannot  agree  upon  the  amount  of 
damage,  the  persons  asking  for  such  road  shall  make  and  execute  a 
bond,  with  sureties,  in  double  the  amount  of  damage  assessed  by  the 
commissioners  or  supervisors,  and  the  same  shall  be  submitted  to 
the  commissioners  or  supervisors,  and  if  approved  by  them  the  same 
shall  be  filed  with  the  township  secretary  and  kept  by  him  for  the 
benefit  of  the  owner  of  the  land. 

Drafted  from  Sec.  2,  Act  of  May  9,  1889,  P.  L.  178. 

Section  763.  After  the  approval  and  filing  of  said  bond,  the  per- 
sons asking  for  such  road  shall  have  the  right  to  open  and  use  the 
same,  and  after  opening  said  road  the  orwner  of  said  land  shall  have 
the  right  to  the  same  proceedings,  to  assess  damages  against  the  per- 
sons who  petitioned  for  said  road,  as  is  now  provided  by  the  general 
road  law  for  assessing  damages  for  the  laying  out  and  opening  of 
public  roads.  Any  party  aggrieved  by  the  assessment  may  appeal  to 
the  court  of  common  pleas  and  demand  a  trial  by  jury,  in  the  man- 
ner provided  in  section  four  hundred  and  seventy-one  of  this  act.  The 
petition,  together  with  all  proceedings  thereon,  shall  be  returned  to 
the  township  secretary,  who  shall  enter  the  same  of  record  as  in  other 
road  cases. 

Drafted  from   Sec    2,  Act   of  May  9,  1889,  P.  P.  ITS. 

(k)     Lanes  and  Alleys  Declared  Nuisances  by  Board  of  Health  or 

Health   Authorities. 

Section  775.  Whenever  the  hoard  of  health  or  health  authorities  of 
any  township  of  the  first  or  second  class  shall  declare  as  a  nuisance 


120 

any  public  alley,  lane,  or  passageway,  any  two  or  more  owners  of 
property  adjacent  or  abutting  upon  the  same  may  present  their  peti- 
tion, verified  by  oath  or  affirmation,  to  the  court  of  quarter  sessions, 
setting  forth  the  facts  regarding  such  nuisance,  and  praying  that 
said  alley,  lane,  or  passageway  may  be  vacated.  Such  petition  shall 
be  accompanied  by  a  certificate  of  the  board  of  health  or  health 
authorilies  of  the  township,  setting  forth  that  they  have  declared 
such  alley,  lane,  or  passageway  a  public  nuisance. 

Drafted   from  part  of   See.  1,   Act   of  June  20,   1911,   P.   L.  1087,   amend- 
ing sec.  1,  Act  of  April  17,  1905,  P.  D.  193. 

Section  776.  The  court  shall  thereupon  appoint  a  jury  of  view 
of  three  men  from  the  county  board  of  viewers.  The  jury,  being 
sworn  or  affirmed  to  faithfully  perform  its  duties,  shall  give  notice 
to  all  parties  likely  to  be  affected  by  the  proceedings  of  the  time  and 
place  of  the  first  meeting,  in  such  manner  as  the  court  shall  direct. 

Drafted  from  part  of  Sec.  1,  Act  of  June  20,  1911,   P.  L.  1087,   amend- 
ing sec.  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  777.  After  the  first  meeting,  the  jury  shall  proceed  to 
view  the  premises,  hear  all  parties  interested  and  their  witnesses, 
and  shall  prepare  a  report  of  findings  and  recommendations  as  to 
whether  or  not  such  alley,  lane,  or  passageway,  or  part  thereof, 
should  be  vacated,-  and  in  such  report  shall  award  damages  and 
_  assess  benefits  to  the  property  affected. 

Drafted  from   part   of   Sec.   1,   Act  of  June  20,  1911,   P.  L.  1087,   amend- 
ing sec.  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  778.  The  jury  shall  give  notice,  in  writing,  to  all  parties 
affected  by  their  report,  at  least  ten  days  before  the  same  is  filed 
in  courf.  The  notice  shall  state  the  time  and  place  where  such  report 
will  be  open  to  inspection. 

Drafted  from  part  of  Sec.  1,  Act  of  June  20.  1011,  P.  L.  1087.  amending 
Sea  1,  Act  of  April  17,  1905.  P.  L.  193. 

Section  779.  Any  person  aggrieved  by  such  report  may  file  ex- 
ceptions thereto  with  the  jury;  whereupon  the  jury  shall  reconsider 
their  report,  with  the  exceptions,  and  change  the  same  as  justice 
may  require.     The  report  as  finally  prepared  shall  be  filed  in  court. 

Drafted  from  part  of  Sec.  1,  Act  of  June  20,   1911.   P.  L.  1087,   amend- 
ing sec.  1,  Act  of  April  17,  1905,  P.  L.  193. 

Section  780.  Any  person  affected  by  the  report  shall  have  an 
appeal  to  the  court  of  common  pleas  within  thirty  days  after  the 
report  is  filed,  and  the  procedure  on  such  appeal  shall  be  the  same 
as  in  actions  of  trespass. 

Drafted  from  Sec.  1,  Act  of  April  17.   l!)0.r>.  P.  L.  193.  as  amended  by  Sec. 
1,  Act'  of  June  20,  1911,  P.  L.  1087. 


121 

Section  781.  At  the  end  of  the  period  allowed  for  an  appeal,  the 
report  sliall  be  absolutely  confirmed  by  the  court  us  i<»  such  awards 
or  assessments  from  which  qo  appeals  have  been  taken.  The  costs, 
damages,  and  expenses  of  such  vacation,  over  and  above  all  benefits, 
shall  be  paid  by  the  township. 

Drafted  from  Sec.  1.  Acl  of  April  17.  1905,  P.  L.  193,  as  amended  by  Sec. 
I.  An  of  June  20,  1911,  P.  L.  1087. 

Section  782.  No  alley,  lane,  or  passageway  shall  be  vacated  in 
any  case  where  the  vacating  deprives  any  lot  abutting  thereon  of  the 
sole  means  of  ingress  or  egress  otherwise  than  to  or  from  the  front 
line  thereof,  nor  where  it  was  created  by  grant  or  contract,  and  not 
theretofore  accepted  by  the  public. 

Drafted  from  Sec  1,  Ad  of  April  17.  1905,  1'.  I..  193,  as  amended  by  Sec. 
1.  Ah  of  June  20,  1911,  I'.  I,.   1087. 

(1)     Grades  of  Highways. 

Section  810.  In  the  construction  or  repair  of  any  highway,  in  any 
tojwnship  of  the  first  or  second  class,  it  shall  be  unlawful  to  raise 
such  highway  above  the  ordinary  grade  thereof  when  a  drain  or 
culvert  shall  be  constructed  under  such  highway,  or  when  such  high 
way  shall  be  constructed  or  repaired  over  such  drain  or  culvert.  Thai 
this  section  shall  not  be  construed  in  any  manner  to  interfere  with 
the  work  of  the  State  Highway  Department  in  the  reconstruction 
o;r  improvement  of  any  State  highway  or  State-aid  highway,  or  when 
a  township  improves  a  township  road,  under  the  direction,  plans, 
and  specifications  of  the  State  Highway  Department. 

Drafted  from  Sec.  1,  Act  of  June  15,  1011.  P  D.  982. 

(m)     Assessment  of  Property  Outside  Limits  of  Township  for 

Street  Improvements. 

Section  820.  Whenever  any  street  or  alley,  entirely  within  the 
limits  of  any  township  of  the  first  or  second  class,  shall  divide  such 
township  from  any  other  municipality  or  township  located  in  the 
same  county,  the  property  on  the  side  of  the  street  or  alley,  opposite 
the  line  of  such  township  of  the  first  or  second  class,  shall,  for  a 
depth  of  one  hundred  and  fifty  feet,  be  assessed  for  municipal  im- 
provements on  such  streets  or  alleys  on  which  property  shall  abnt. 
Such  assessment  shall  be  made  in  the  same  manner  and  in  the  same 
proceeding  as  is  used  for  the  ass<  ssment  of  property  within  such 
township  of  the  first  or  second  class  for  such  improvement. 

Drafted  from  Soc.  1.  A<  r  of  M   v   28.1907.  P.  L.  287. 


122 
(n)     Cutting  Trees  of  Shrubbery  Within  Limits  of  Highway. 

Section  830.  Where  any  highway,  in  any  township  of  the  first 
or  second  class,  passes  through  or  along  forested  lands,  wild  lands, 
or  uncultivated  lands,  no  trees  growing  within  the  limits  of  such 
highway  at  a  distance  beyond  fifteen  feet  on  either  side  of  the  centre 
line  thereof,  and  which  measure  four  inches  or  over  in  diameter  at 
a  point  two  feet  from  the  surface  of  the  ground,  shall  be  cut  down 
or  destroyed  by  the  commissioners,  supervisors,  or  roadmasters 
employed  by  them  or  any  other  person,  without  first  obtaining  the 
consent  of  the  abutting  owners. 

Whenever  any  highway,  running  through  improved  or  cultivated 
lands,  has  been  opened,  and  there  are  growing,  along  the  roadsides 
and  within  the  road  limits,  shrubs  or  trees  not  interfering  with  pub- 
lic travel,  no  commissioners,  supervisors,  or  roadmasters,  or  other 
persons  in  their  employ,  shall  remove,  cut,  injure,  or  destroy,  or  in 
any  other  manner  interfere  with,  such  shrubs  or  trees.  Tf  such  re- 
moval or  cutting  is  absolutely  necessary  for  the  purpose  of  maintain- 
ing the  highway  at  its  highest  efficiency  the  commissioners,  super- 
visors, or  roadmasters,  or  other  persons  in  their  employ,  may  so  cut 
or  remove  such  shrubs  or  trees,  after  notifying  the  abutting  property 
owners  and  entering  into  an  agreement  with  them  relating  to  the  re- 
moval, catting,  or  interference  with  said  shrubs  or  trees. 

Drafted  from  Sees.  1  and  2,  Act  of  April  1,  1909,  P.  U.  97. 

Section  831.  In  either  of  the  cases  set  forth  in  the  preceding  sec- 
tion, if  the  consent  ox  agreement  of  the  abutting  property  owners 
cannot  be  obtained,  the  board  of  commissioners  or  supervisors  may 
appeal  to  a  judge  of  the  court  of  common  pleas.  The  judge  shall  in- 
quire into  the  facts  of  the  case,  and  after  hearing  al!  parties  in  in- 
terest shall  make  such  order  as  seems  just,  having  due  regard  for  the 
demand  for  road  improvement  as  well  as  for  the  preservation  of  the 
trees.    From  such  order  there  shall  be  no  appeal. 

Drafted  from  Sees.  1  and  2.  Act    of  April  1,  1909,  P.  L.  97. 

Section  832.  All  logs,  cordwood,  branch  wood,  or  other  forms  of 
wood  which  shall  be  derived  from  the  destruction  or  removal  of  any 
trees  growing  along  the  highways,  shall  be  surrendered  to  and  re- 
main the  property  of  the  abutting  owners. 

Drafted  from   See.  3,  Act  of  April  1,  1909  P.  D.  97. 

Section  833.  The  commissioners  or  supervisors  may  clear  out 
brush  and  other  refuse  from  along  the  sides  of  the  road  to  the  legal 
width  thereof.  All  such  clearing  and  removal  of  brush  and  refuse 
shall  be  confined  to  growth  that  is  within  the  limits  hereinabove  des- 


123 

cribed,  and  to  the  removal  of  branches  thai  in  any  way  interfere  with 
public  travel.  No  other  injury,  by  fire,  cutting,  abrasion,  or  other- 
wise, shall  be  done  to  the  standing  timber. 

Drafted  from  Sec.  1,  Act  of  April  1,  1909  P.  L.  97. 

Section  834.  If  any  commissioner,  supervisor,  roadmaster,  or 
person  in  their  employ,  or  any  other  person,  shall  cut  down,  kill,  or 
injure  any  living  tree,  growing  as  aforesaid,  and  of  a  size  four  inches 
in  diameter  or  greater  at  a  point  two  feet  from  the  surface  of  the 
ground,  or  shall  violate  any  other  provision  of  sections  eight  hundred 
and  thirty  to  eight  hundred  and  thirty-three  of  this  act,  he  shall  he 
guilty  of  a  misdemeanor,  and.  upon  conviction  thereof,  shall  be  sub- 
ject to  a  penalty  of  not  more  than  five  dollars  for  every  tree  so  cut, 
injured,  or  destroyed,  with  costs  of  suit.  Such  penalty  shall  be  re- 
covered in  an  action  brought  before  any  justice  of  the  peace  of  the 
county  wherein  the  offense  was  committed.  If  any  defendant,  upon 
conviction  for  any  offense,  fails  or  refuses  to  pay  the  fine  and  costs 
imposed,  or  does  not  give1  bond  with  approved  surety  to  pay  the  same 
within  ten  days,  he  shall  he  committed  to  the  county  jail  for  not  more 
than  thirty  days  or  until  he  has  paid  the  fine  and  costs  in  full. 

Drafted  from   Sec.  6,  Act  of  April  1,  1909.  P.  D.  97. 

Section  835.  Nothing  in  sections  eight  hundred  and  thirty  to  eight 
hundred  and  thirty-four  of  this  act  shall  be  so  construed  as  to  pre- 
vent the  commissioners  supervisors,  or  roadmasters.  or  other  persons 
in  their  employ,  from  removing  such  roadside  trees  which  may  be 
thrown  down  by  the  wind  or  lodged  in  such  position  as  to  be  a  men- 
ace to  public  travel,  or  which  by  reason  of  any  other  cause  may  be- 
come a  source  of  danger  to  the  public.  Every  such  act  of  removal 
shall  be  made  with  due  regard  to  the  circumstances  of  the  case,  so 
as  to  preserve  the  true  intent  and  purpose  of  this  act. 

Drafted   from  Sec.  4.  Act  of  April  1,  1909,  P.  D.  97. 
(o)     Penal  Provisions. 

Section  845.  If  any  person  working  upon  any  road  or  highway  in 
any  township  of  the  first  or  second  class,  or  if  any  one  in  company 
with  such  person,  shall  ask  money  or  reward,  or  by  any  means  what 
ever  shall  extort  or  endeavor  to  extort  any  money,  drink,  or  other 
thing,  from  any  person  traveling  upon  or  near  such  road  or  highway, 
the  person  so  offending  shall  for  every  such  offense  forfeit  and  pay  a 
sum  not  exceeding  five  dollars. 

Tf  any  township  commissioner  or  township  supervisor  shall  connive 
at  any  person  so  asking,  demanding,  or  contriving  to  extort  money, 
drink  or  any  other  thing  from  any  person  traveling  as  aforesaid,  such 


124 

commissioner  or  supervisor  shall,  for  every  such  offense,  forfeit  and 
pay  a  sum  no1  exceeding  ten  dollars. 

Drafted  from  Sees.  65  and  66,  Act  of  June  13,  L836,  P.  D.  551. 

Section  846.  If  any  person  shall  stop  or  obstruct  any  public  road 
or  highway  in  any  township  of  the  first  or  second  class,  or  shall  com- 
mit any  nuisance  thereon  by  felling  trees,  making  fences,  turning 
the  road,  or  in  any  other  way,  and  shall  not,  on  notice  given  by  the 
township  commissioners  or  township  supervisors,  forthwith  remove 
the  obstruction  or  nuisance  and  repair  the  damages  done  to  such 
road,  such  person  shall,  for  every  such  offence,  forfeit  and  pay  a  sum 
not  less  than  ten  dollars  nor  more  than  forty  dollars.  Nothing  in 
this  section  shall  debar  an  indictment  for  any  such  nuisance,  as  in 
case  of  misdemeanor  at  common  law. 

Drafted  from  Sec.  68,  Art  of  June  13,  1836,  V.  L.  551. 


125 


CHAPTER  XII. 

BRIDGES   AND   VIADUCTS. 

ARTICLE  I. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

(a)     As  Part  of  Road,  Street,  Highway,  Lane,  or  Alley. 

Section  855.  Whenever,  in  the  opening,  grading,  or  improving  of 
any  road,  street,  highway,  lane,  or  alley,  in  any  township  of  the  fust 
elass,  it  is  necessary  to  erect  or  construct  any  bridge  and  the  piers 
and  abutments  therefor,  the  same  may  be  erected  and  constructed 
by  the  township  as  part  of  such  road,  street,  highway,  lane,  or  alley. 
In  any  such  erection  or  construction  the  township  may  take,  use. 
and  occupy  private  property.  All  damages  shall  be  awarded  and 
benefits  assessed  as  part  of  the  proceeding  to  open,  grade,  or  im- 
prove the  road,  street,  highway,  lane,  or  alley  of  which  the  bridge 
is  a  part. 

Drafted  from  Sec.  1,  Act  of  May  23,  1913,  P.  L.  348. 

(b)     Over  Railroads. 

Section  S65.  Townships  of  the  first  class  may  build  bridges  or 
viaducts  over  railroads,  rivers,  creeks,  streams,  and  private  property. 
or  over  railroads  and  any  of  them,  or  over  railroads  only,  whether  the 
bridges  or  viaducts  are  wholly  or  partly  within  the  township  limiis. 
for  the  purpose  of  uniting  two  or  more  streets  or  highways  or  sepa- 
rate portions  of  the  same  street  or  highway.  Such  bridges  and  via- 
ducts must  in  all  cases  cross  railroads. 

Drafted  from  Sec.  1,  Act  of  June  IT).  1911,  P.  L.  987. 

Section  866.  Townships  of  the  first  class  may  provide  for  the 
laying  out  and  opening  of  the  routes  or  locations  for  such  bridges 
and  viaducts,  which  shall  be  public  highways.  The  proceedings  for 
the  laying  out  and  fixing  such  locations,  and  for  the  opening  there 
of,  shall  be  as  provided  in  sections  five  hundred  and  fifty  three  to 
five  hundred  and  sixty-four,  both  inclusive,  of  this  act,  except  that 
no  petition  of  property  owners  shall  be  required  therefor. 

Drafted  from  part  of  Sec.  2,  Act  of  June  15,  1911  P.  I*  987. 

Section  S(>7.  In  case  the  township  of  the  first  class  has  not  agreed 
with  the  owner  of  any  land  for  the  damages  done  or  likely  to  be 
done  by  the  erection  of  any  such  bridge  or  viaduct,  the  township  may 


12G 

appropriate  the  lands  and  property  necessary,  and  the  damages  and 
benefits  caused  by  such  appropriation  shall  be  assessed  by  viewers 
in  the  manner  provided  in  sections  five  hundred  and  fifty-three  to 
five  hundred  and  sixty-four  of  this  act. 

Drafted  from  part  of  Sec.  3,  Act  of  June  15,  1911,  P.  L.  987. 

Section  868.  The  township  of  the  first  class  may  also  enter  into 
a  contract  with  the  county  commissioners,  and  also  with  railroads, 
street  railways,  and  other  companies  or  parties  interested,  for  the 
building  and  maintenance  of  such  bridges  or  viaducts  and  for  11k* 
payment  of  any  damages  caused  by  the  location  or  erection  thereof. 

Drafted  from   Sec.  4,   Act   of  June  15,  1911,  P.  L.  987. 

Section  869.  Nothing  contained  in  the  preceding  section  shall 
authorize  a  township  of  the  first  class  to  contract  with  a  county  for 
the  maintenance  of  any  bridge  or  viaduct  which  does  not  cross  a 
place  over  which  the  county  is  authorized  to  build  bridges;  but  such 
viaduct  or  bridge  shall  be  maintained  as  a  township  structure,  and 
the  township  is  authorized  to  contract  with  any  party  interested, 
except  the  county,  for  the  maintenance  of  the  same. 

Drafted  from  latter  part  of  Sec.  5,  Act  of  June  15,  1911  P.  L.  987. 

Section  870.  The  contracts  herein  provided  for  may  stipulate 
that  the  township  of  the  first  class,  county,  railroad  company,  street 
railway  or  other  company,  or  party  interested,  shall  pay  a  certain 
part  of  the  contract  price  of  the  work,  including  damages,  or  may 
stipulate  that  each  shall  construct  a  certain  portion  of  the  work, 
and  rnay  provide  otherwise  for  the  payment  of  damages. 

Drafted  from  part  of  Sec.  6,  Act  of  June  15.  1911,  P.  L.  987. 

Section  S71.  When  any  railroad  company,  street  railway  or  other 
company,  or  party  interested,  agrees  to  pay  a  certain  portion  of  the 
cost  of  such  work,  it  shall  pay  the  same  into  the  township  treasury, 
and  the  township  treasurer  shall  pay  the  same  over  to  the  contrac- 
tor as  may  be  provided  in  the  contract,  but  the  amount  to  be  paid 
by  the  county  shall  be  paid  directly  to  the  contractor.  The  agree- 
ments may  provide  for  the  maintenance  of  the  bridges  and  viaducts 
after  their  erection. 

Drafted  from  part  of  Sec.  6,  Act  of  June  15,  1911,  P.  L.  987. 

Section  872.  After  any  such  contract  has  been  entred  into,  the 
township  of  the  first  class,  in  conjunction  with  the  county  commis- 
sioners .-hall  have  prepared  plans  and  specifications  of  the  entire 
work,  and  shall  advertise  for  bids  and  award  the  contract  to  the 
lowest  responsible  bidder. 

Drafted  from  part  of  Sec.  8,  Act  of  June  15,  1911,  P.  It.  987. 


127 

Section  ST.'!.  The  contrad  for  the  work  shall  provide  tlml  the 
count}'  shall  pay  its  part  of  such  bridge  or  viaduct,  and  the  town- 
ship shall  contract  for  the  other  pari  of  the  \\nrk.  The  contrad  as 
to  the  township's  pari  shall  be  based  upon  the  appropriation  made 
by  the  township  for  the  part  of  the  work  for  which  it  had  agreed  to 
pay,  and  the  remaining  part  of  the  contract  price  shall  he  based 
upon  the  amounts  the  other  parties  have  agreed  to  pay. 

Drafted  from  pari  of  See.  8,  Act  of  June  15,  L911,  P.  L.  987. 

Section  S74.  The  contractor  shall  have  a  right  of  action  against 
each  party  uniting  in  the  contract  provided  for  in  sections  eight 
hundred  and  seventy  and  eight  hundred  and  seventy-one  of  this 
article,  for  the  part  thereof  agreed  to  be  paid  by  each  party. 

Drafted  from  part  of  Sec.  8,  A.-t  of  June  15,  1911,  P.  L.  987. 

Section  875.  In  case  the  county  commissioners  do  not  unite  in 
the  contract,  or  in  case  the  viaduct  does  not  cross  any  river,  creek, 
stream,  or  place  over  which  the  county  is  authorized  to  build  bridges, 
the  township  may  contract  for  the  construction  of  such  bridge  or 
viaduct  and  may  pay  for  the  entire  work,  or  may  contract  with  all 
or  any  of  the  other  parties  for  such  work.  Plans  and  specifications 
shall  be  prepared,  and  advertisement  shall  be  made  for  bids,  by  the 
township,  and  the  contract  shall  be  let  in  the  manner  hereinbefore 
provided. 

Drafted  from  Sec.  9,  Act  of  June  15,  1911,  P.  L.  987. 

Section  876.  Any  of  the  contracts  provided  for  may  be  recorded 
in  the  recorder's  office  of  the  county,  and  such  record  shall  be  notice 
to  all  persons  who  might  be  affected  thereby. 

Drafted  from  See.  10.  Act  of  Juno  15.  1011.  P.  L.  987. 

Section  877.  Before  any  railroad  which  has  not  contributed  to 
the  cost  of  the  construct  ion  of  any  such  bridge  or  viaduct  shall  be 
permitted  to  run  its  tracks  under  or  upon  such. bridge  or  viaduct, 
it  shall  enter  into  a  contract  with  the  township  to  thereafter  pay  a 
reasonable  part  of  the  upkeep  thereof. 

Drafted  from  Sec  7.   Act  of  June  15.  1911,   P.  U  987. 


128 
CHAPTER  XII. 

BRIDGES  AND  VIADUCTS. 

ARTICLE  II. 

GENERAL   PROVISIONS. 

(a)  Over  Marshy  or  Swampy  Grounds,  Creeks,  Rivulets,  Gullies, 

Canals,  and  Railroads. 

Section  890.  The  commissioners  or  .supervisors  of  townships  of 
the  first  or  second  class,  in  making  and  repairing  the  roads,  shall 
make  and  maintain  within  their  township  „ sufficient  causeways  of 
stone  or  timber  on  marshy  or  swampy  grounds.  They  shall  also 
make  and  maintain  sufficient  bridges  over  all  small  creeks,  rivulets, 
deep  gullies,  canals,  and  railroads,  where  the  same  is  necessary  for 
the  ease  and  safety  of  travelers. 

Such  bridges  over  canals  or  railroads  shall  not  obstruct  the  rail- 
road or  canal  over  which  it  is  built.  Nothing  in  this  section  shall 
release  railroad  or  other  companies  or  the  Commonwealth  from  the 
requirements  of  existing  laws. 

Drafted  from  Sec.  31,  Act  of  June  13,  1836,  P.  L.  551. 

Section  891.  In  the  construction  and  maintenance  of  such  cause- 
ways and  bridges,  all  damages  shall  be  awarded  and  benefits  assessed 
as  part  of  the  proceeding  to  lay  out,  open,  make,  or  repair  the  road  of 
which  the  causeway  or  bridge  is  a  part.    . 

This  section  is  new . 

(b)  Over  Streams,  Railroads,  and  Canals  on  Township  Boundaries. 

Section  900.  Where  a  small  creek  or  a  railroad  or  canal,  over 
which  a  bridge  is  necessary,  is  on  the  boundary  line  of  two  town- 
ships, the  bridge  shall  be  built  and  maintained  at  the  joint  and  equal 
expense  of  the  townships,  by  their  respective  commissioners  or  super- 
visors, in  the  manner  directed  by  sections  six  hundred  and  seventy 
and  six  hundred  and  seventy-one  of  this  act  in  the  case  of  public 
roads  which  may  be  the  division  line  of  townships. 

Drafted  from  Sec.  34,  Act  of  June  13,  1836,  P.  L.  551. 

Section  901.  Whenever  a  creek,  railroad,  or  canal,  over  which 
a  bridge  is  necessary,  is  on  the  division  line  of  a  township  of  the 


129 

first,  or  second  class  and  a  municipality,  the  township  shall  unite 
with  such  municipality  in  the  construction  and  maintenance  of  such 

bridge  and  pay  an  equal  share  of  the  expenses  incident  thereto. 

Drafted  from  Sec.  34,  Act  of  June  13,  1836,  P.  L.  551,  and  Sec.  1.  Acl  of 
April    12,   1855,   P.  L.  220. 

Section  902.  If  a  bridge  is  built  over  a  railroad  or  canal  by  virtue 
iif  the  provisions  of  sections  nine  hundred  and  nine  hundred  and  one 
of  this  act,  such  bridge  shall  not  obstruct  the  railroad  or  canal  over 
which  it  is  built.  Nothing  in  said  sections  shall  release  railroad  or 
other  companies  or  the  Commonwealth  from  the  requirements  of  ex- 
isting laws. 

Drafted  from  See.  1.  Act  of  April  12,  1855,  P.  L.  220. 

(c)     Maintenance,  Repair,  and  Rebuilding  of  Bridges  Built  by 

County. 

Section  910.  Whenever  a  bridge  or  part  thereof  has  been  built  by 
the  county,  or  the  whole  or  part  of  the  money  necessary  to  build  it 
has  been  furnished  by  the  count}r,  and  the  bridge  has  not  been  entered 
on  record  as  a  county  bridge,  such  bridge  shall  be  maintained,  kept  in 
repair,  and  rebuilt,  when  necessary,* by  the  township  or  townships  of 
the  first  or  second  class  in  which,  or  on  the  boundary  line  of  which, 
it  is  located,  without  rendering  the  county  liable  for  the  same. 

Drafted  from  Sec.  1,  Act  of  June  15,  1911,  P.  L.  970,  amending  Sec,  1, 
Act  of  June  11,  1879,  P.  L.  146;  and  from  Sec.  2,  Act  of  June  11,  1879, 
P.    L.    146. 

(d)     Fines  and  Penalties  for  the  Protection  of  Bridges. 

Section  920.  If  any  other  person  shall  wilfully  ride,  drive,  or 
lead,  or  cause  another  person  to  ride,  drive,  or  lead,  any  horse  or 
other  beast  of  burden  faster  than  a  walk  when  crossing  any  wooden 
or  iron  bridge,  in  any  township  of  the  first  or  second  class,  having  an 
arch  of  the  length  or  span  of  forty-five  feet  or  upwards,  such  person 
shall,  for  every  such  offense,  forfeit  and  pay  a  sum  not  less  than  five 
dollars  nor  more  than  thirty  dollars. 

If  any  person  shall  wilfully  drive  or  cause  to  be  driven  any  horned 
cattle  faster  than  a  walk  when  crossing  any  such  bridge,  such  person 
shall,  for  every  such  offense,  forfeit  and  pay  a  sum  not  less  than  five 
dollars  nor  more  than  thirty  dollars. 

If  any  person  shall  carry  fire  over  such  bridge,  except  in  a  lantern 
or  in  some,  vessel  in  which  it  will  be  fully  secured,  such  person  shall 
forfeit  and   pay  the  sum  of  five  dollars.     The   tines  herein  provided 

9 


130 

shall  not  be  collected  if  the  notice  of  the  provisions  of  this  section 
have  not  been  set  up  in  the  manner  hereinafter  required. 

Drafted  from  Sees.  70,  71  and  72,  Act  of  June  13,  1830,   P.  L.  551,  and 
See.  1,  Act  of  March  18,  1864,  P.  L.  68. 

Section  921.  The  commissioners  or  supervisors  of  townships  of 
the  tirst  or  second  class  shall,  within  their  respective  townships,  put 
up  and  maintain  in  a  conspicuous  place,  at  or  near  each  end  of  all 
bridges  of  iron  or  other  materials  erected  at  the  expense  of  the 
public  and  having  an  arch  of  the  length  or  span  of  forty-five  feet  or 
upwards,  a  notice,  in  large  and  legible  characters,  of  the  fines  and 
penalties  provided  for  the  protection  of  such  bridges,  under  the 
penality  of  a  sum  not  exceeding  twenty  dollars. 

If  any  such  bridge  is  built  across  the  township  boundary  line,  the 
township  commissioners  or  supervisors  shall  put  up  and  maintain 
such  notices  only  at  or  near  the  end  of  the  bridge  within  their  town- 
ship. 

Drafted  from  Sec.  63,  Act  of  June  13,  1836,   P.  L.  551. 

Section  922.  All  lines  and  penalities  which  may  be  incurred  under 
any  of  the  provisions  of  sections  nine  hundred  and  twenty  and  nine 
hundred  and  twenty-one  of  this  act  shall  be  recoverable,  in  the  name 
of  the  Commonwealth,  at  the  instance  of  any  person  who  will  sue 
therefor,  in  the  same  manner  as  debts  of  like  amount  are  recoverable 
with  costs  of  suit.  One  moiety  thereof  shall  be  paid  to  the  person 
recovering  the  same,  and  the  residue  shall  be  paid  into  the  treasury 
of  the  township  for  the  use  of  the  township. 

Drafted  from.  Sec.  75,  Act  of  June  13,  1836,  P.  L.  551. 


181 
CHAPTER  XIII. 

SIDEWALKS. 

For  other  provisions  relating  to  this  subject,  see  appendix, 

Sees.   1925  to   1931. 

ARTICLE  I. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

(a)     Footways  Constructed  by  Township  Along  Highways. 

Section  950.  Townships  of  the  first  class  may  construct  footways 
along  the  township  highways,  at  the  expense  of  the  township. 

Drafted  from  Sec.   1,  Act  of  May  24,   1901,   P.   L.  2!)7.   amending  Sec.  7, 
Clause  1.  An  of  April  28,  L899,  P.  L.  104. 

(b)     Establishing  Width  and  Location  of  Sidewalks. 

Section  960.  The  commissioners  of  any  township  of  the  first  class, 
upon  the  request  of  any  land  owner  whose  land  fronts  upon  a  public 
highway  within  such  township,  may  establish  the  width  and  location 
for  a  sidewalk  along  each  side  of  said  highway  along  the  lands 
of  such  owner.  The  width  of  the  walk  ou  each  side  of  said  highway 
shall  not  be  less  than  six  feet  for  roads  fifty  feet  in  width  or  less, 
and  for  roads  over  fiftv  feet  in  width  shall  be  ten  feet  in  width. 
When  said  sidewalks  are  so  established,  such  land  owner  shall  pay 
for  and  keep  the  same  in  repair. 

Drafted  from  Sec.  4,  Act  of  June  26,  1895,  P.  L.  324. 

(c)  Grading,  Paving,  and  Curbing  Sidewalks  in  Villages  Upon 
Petition  of  Owners  of  a  Majority  of  the  Frontage  in  Lineal 
Feet. 

Section  970.  Whenever  a  majority  of  the  owners  in  lineal  feet 
of  property  fronting  on  either  side  of  a  public  highway  in  any  village 
in  a  township  of  the  first  class,  by  petition  request  that  a  sidewalk, 
with  or  without  curbing,  be  constructed  along  that  side  of  the  high- 
"way  between  certain  points,  at  the  expense  of  the  property  owners, 
the  board  of  township  commissioners  may,  by  ordinance,  require  the 
owners  of  property  abutting  on  that  side  of  the  highway,  between 
designated  points,  to  grade  and  pave  the  sidewalk  in  front  of  their 


132 

respective  property  in  the  manner  prescribed  in  the  ordinance,  and 
also  to  curb  the  same  if  deemed  necessary. 

The  ordinance  shall  provide  for  written  notice  to  be  given  to  the 
property  owners  to  construct  such  sidewalk  in  front  of  their  respect- 
ive properties. 

Drafted  from  part  of  Sec  12,  Act  of  April  28,  1899,  P.  L.  104. 

Section  971.  If  such  owners  fail  to  so  pave  and  curb  such  side- 
walk within  sixty  days  from  notice  of  the  ordinance,  the  board  of 
township  commissioners  may  cause  the  same  to  be  done,  and  collect 
the  cost  thereof  from  the  abutting  property  owners  in  proportion  to 
their  frontage.  If  such  cost  is  not  paid,  the  commissioners  may. tile 
municipal  liens  therefor  against  the  abutting  properties  in  the  court 
of  common  pleas,  and  include  therein  a  penality  of  twenty  per  centum 
on  the  amount  of  the  cost  of  the  work. 

Drafted  from  part  of  Sec.  V2.  Art  of  April  28.  ISO!).  P.  U  104. 

(d)     Laying  Out,  Grading,  Curbing,  and  Paving  Sidewalks  Within 

Towns  or  Villages. 

Section  980.  The  boards  of  township  commissioners  may  survey, 
lay  out,  enact,  and  ordain  footwalks,  pavements,  boardwalks,  culverts, 
and  drains  over  and  upon^the  land  abutting  on  turnpike  roads,  state 
highways,  or  county  roads  where  the  same  pass  through  any  town 
or  village,  and  fix  the  size  and  width  thereof.  Damages  for  any 
taking  or  injury  of  any  property,  and  benefits  of  (to)  any  property 
caused  by  any'action  under  this  section,  shall  be  assessed  and  paid 
for  as  provided  in  sections  five  hundred  to  five  hundred  and  eight  of 
this  act,  relating  to  the  widening  of  roads  and  streets  by  township 
commissioners. 

The  commissioners  may  require  the  grading,  paving,  and  curbing 
of  such  footwalks,  pavements,  boardwalks,  culverts  and  drains  by  the 
owners  of  the  land  fronting  thereon  in  accordance  with  general 
regulations  to  be  prescribed  by  ordinance. 

(Amendment    of   May  2Q,   1921,    P.    L.   962.) 

Drafted  from   Act  of  April   23,   1903,   P.   L    265. 

Tlie  amendment  of  1921  extended  the  power  of  township  commissioners 
to  lay  out,  enact  and  ordain  footwalks,  etc.,  upon  land  abutting  on  state 
highways  or  county  roads  in  addition  to  turnpike  roads  as  contained  in  the 
original     section. 

Section  981.  The  board  of  township  commissioners  in  townships 
of  the  first  class  may  require  and  direct  the  grading,  curbing,  and 
paving  of  the  sidewalks  and  footwalks  along  the  highways  within 


133 

any  town  or  village  by  the  owners  of  the  lota  fronting  thereon,  in 
accordance  wit  1 1  general  regulations  prescribed  by  ordinance, 

Drafted  from  An  of  April  23,  1903,  P.  L.  265. 

Section  982.  On  failure  of  any  owner  of  land  to  do  any  work 
required  under  the  two  preceding  sections  of  tliis  act,  within  the 
time  prescribed  by  the  township  ordinance,  the  township  commis- 
sioners may  cause  the  same  to  be  done,  and  colled  from  the  owners 
the  cosl  of  the  work  and  material,  together  with  a  penalty  of  ten  per 
centum  thereon  to  cover  the  expense  of  collection,  by  filing  a  munici- 
pal claim  therefore  againsl   the  abutting  property. 

Drafted  from  Act  of  April  23,  1903,   P.  L.  265. 

(e)     Sidewalks  Along  Turnpike  Roads,  State  Highways,  or  County 
Roads  Within  Towns  or  Villages. 


■fe* 


Section  990.  Whenever  a  turnpike  road  managed  and  controlled 
by  a  private  corporation,  a  state  highway,  or  a  county  road  runs 
through  any  town  or  village  in  any  township  of  the  first  class,  the 
board  of  township  commissioners  having  first  obtained  the  written 
consent  of  the  corporation  having  control  of  such  road  in  the  case 
of  a  turnpike  road,  the  State  Highwaj'-  Commissioner  in  the  case  of 
a  state  highway,  or  the  county  commissioners  in  the  case  of  a  county 
road,  may  ordain  and  establish  sidewalks,  with  or  without  curbing, 
along  either  one  or  both  sides  of  such  turnpike  road,  state  highway. 
or  count v  road  as  the  case  may  be  within  the  lines  of  the  same.  The 
township  commissioners  may  charge  the  cost  of  construction  of  such 
sidewalk  and  curbing,  if  any,  to  tin1  owners  of  the  abutting  proper! it's 
according  to  frontage. 

(Amendment   of  May  20,  1021,  P.  L.  9(52,  See.  2.) 

The  original  section  was  dratted  from  Sec.  1,  Act  of  April  22,  1905,  P.  L. 
2S3.  The  amendment  added  t he  matter  relating  to  state  highways  and 
county   roads. 

Section  991.'  The  ordinances  establishing  any  such  sidewalk  shall 
specify  the  width  thereof,  and  shall  require  such  grading  and  rilling 
as  is  necessary.  It  shall  also  specify  the  kind  and  character  of  the 
pavement,  or  provide  for  the  construction  of  a  boardwalk  in  any 
case,  instead  of  a  paved  sidewalk.  The  manner  of  laying  the  pave- 
ment may  be  specified  in  the  ordinance,  or  provided  for  by  general 
ordinance  or  by  the  regulation  of  a  committee  of  the  board. 

Drafted   from   Sec.  2,   An    of  April  22,  1005,  P.  L.  283. 


134 

Section  992.  The  ordinance  shall  provide  for  written  notice  to  be 
given  to  the  property  owners  to  grade  and  construct  such  sidewalk 
and  curbing,  if  any,  in  front  of  their  respective  properties  within 
a  certain  period,  not  less  than  thirty  days  from  the  date  of  service 
of  such  notice.  Service  of  such  notice  shall  be  made  by  handing  the 
same  to  the  proeprty  owner,  or  by  leaving  it  at  his  place  of  residence, 
if  he  has  one  in  the  county,  or,  if  he  does  not  reside  in  the  county, 
by  mailing  the  notice  to  his  address,  if  his  address  can  be  obtained. 
In  all  cases  a  copy  of  such  notice  shall  be  served  upon  the  occupant 
of  the  premises. 

(Amendment  of  May  20,  1921,  P.  L.  962.  Sec.  3.) 

The  original  section  was  drafted  from  See.  4,  Act  of  April  !''_',  ]!>0.r>.  P.  L. 
288.     The  amendment  added  the  words  "and  curbing,  if  any-" 

Section  993.  Should  any  property  owner  fail  to  comply  with  the 
requirements  of  the  ordinance  within  the  time  specified  in  the  notice, 
the  board  of  township  comissioners  may  cause  the  sidewalk  and 
curbing,  if  any,  in  front  of  his  property,  to  be  constructed  in  ac- 
cordance with  the  requirments  of  the  ordinance,  and  collect  the  cost 
thereof,  including  costs  of  grading  and  any  other  incidental  matters, 
together  with  the  penality  of  ten  per  centum,  by  action  of  assumpsit, 
or  by  riling  a  municipal  lien  against  said  property. 

(Amendment  of  May  20,  1921,  P.  L.  962,  Sec.  4.) 

The  original  section  was  drafted  from  Sec.  4,  Act  of  April  22,  1905,  P.  L. 
283.     The  amendment  added  the  words  "and  curbing,  if  any." 

Section  994.  If,  at  the  time  of  the  passage  of  the  ordinance,  a  side 
walk  paved  with  brick,  stone,  or  concrete  has  already  been  construct- 
ed by  a  property  owner  in  front  of  his  property,  the  township  com- 
missioners may  accept  such  walk  as  a  compliance  with  the  ordinance, 
although  not  constructed  according  to  the  specifications  thereof.  If 
such  sidewalk  is  not  accepted,  the  township  shall  bear  the  expense  of 
reconstructing  it- 
Drafted  from  Sec.  3,  Act  of  April  22,  1905,  P.  L.  283. 

(f)  Establishing,  Grading,  and  Curbing  Sidewalks  Along  the  Sides 
of  any  Principal  Street  or  Highway  Leading  to  or  Connecting 
Cities,  Boroughs,  Villages  or  Places  of  Public  Resort. 

Section  1005.  The  board  of  township  commissioners  of  any  town- 
ship of  the  first  class  may  ordain  and  establish  sidewalks  within  the 
lines  of  any  principal  street  or  highway  in  the  township,  along  either 
one  or  both  sides  thereof,  leading  directly  to  or  connecting  cities, 
boroughs,  villages,  or  places  of  public  resort,  for  such  distance  as  the 
board  of  township  commissioners  may  deem  proper,  and  may  provide 


135 

for  the  grading  and  curbing  of  the  same.  In  case  the  street,  or  high- 
way is  a  turnpike  or  other  road  managed  and  controlled  l>y  a  corpor- 
ation, incorporated  under  the  laws  of  this  Commonwealth,  or  a 
Btate  highway  or  a  county  road,  the  written  consent  of  the  corpora- 
tion-managing and  controlling  the  same,  the  State  Highway  Com- 
missioner, or  the  county  commissioners,  as  the  case  may  be,  shall 
first  be  obtained. 

i  Amendment  of  May  20,  1921,  P.  L.  962,  Sec.  5.) 

The  original  section  was  drafted  from  Sec.  1,  Act  of  June  2.r>.  1913,  P.  L. 
561.  The  amendment  added  the  matter  relating  to  state  highways  and 
county  roads. 

Section  1006.    Such  sidewalk  shall  in  no  case  be  less  than  five  feel 
in  width,  nor  leave  a  roadway  of  less  than  twenty  feet  in  the  clear. 

Drafted  from  Sec.  3,  Act  of  June  25,  1913,   P.  L.  561. 

Section  1007.  The  ordinance  establishing  any  such  sidewalk  shall 
specify  the  width  thereof,  and  shall  require  such  grading  and  filling 
as  is  necessary.  It  shall  also  specify  the  kind  and  character  of  the 
pavement,  or  provide  for  the  construction  of  a  boardwalk,  instead  of 
a  paved  sidewalk.  The  manner  of  laying  the  pavement  may  be  speci- 
fied in  the  ordinance,  or  provided  for  by  general  ordinance  or  by  the 
regulation  of  a  committee  of  the  board. 

Drafted  from  Sec.  3,  Act  of  June  25,  1913,  P.  L.  561. 

Section  1008.  The  ordinance  shall  provide  for  written  notice  to  be 
given  to  the  property  owners  to  grade  and  construct  such  sidewalk 
in  front  of  their  respective  properties,  within  a  certain  period,  not 
less  than  three  (3)  months  from  date  of  the  service  of  such  notice. 
Service  of  such  notice  shall  be  made  by  handing  the  same  to  the 
property  owner,  or  by  leaving  it  at  his  place  of  residence,  if  he  has 
one  in  the  county,  or,  if  he  does  not  reside  in  the  county,  by  mailing 
the  notice  to  his  address,  if  his  address  can  be  obtained.  In  all  cases 
a  copy  of  such  notice  shall  be  served  upon  the  occupant  of  the 
premises. 

Drafted  from  Sec.  5,  Act  of  June  25,  1913,  P.  L.  561. 

Section  1000.  When  such  notice  is  given  on  or  after  the  first  day 
of  September  in  any  year,  the  property  owners  affected  shall  not  be 
in  default  for  failure  to  construct  the  sidewalk  until  the  first  day 
of  June  of  the  following  year. 

Drafted  from  Sec.  5,  Act  of  June  25,  1913,  P.  L.  561. 

Section  1010.  Should  any  property  owner  fail  to  comply  with  the 
requirements  of  the  ordinance  within  the  time  specified,  the  board 
of  township  commissioners  may  cause  the  sidewalk  in  front  of  his 
property  to  be  constructed  in  accordance  with  the  requirements  of 


136 

the  ordinance,  and  collect  the  proportion  of  the  expense  thereof  which 
under  the  ordinance  is  chargeable  upon  the  property  owner,  in- 
cluding the  costs  of  grading  and  any  other  incidental  matters,  to- 
gether with  the  penalty  of  ten  per  centum,  by  action  of  assumpsit 
or  by  filing  a  municipal  lien  against  said  property. 

Drafted  from  Sec,  5,  Act  of  June  25,  1913,  P.  L.  561. 

Section  10.11.  The  board  of  township  commissioners  may  charge 
to  the  owners  of  the  properties  abutting  on  such  sidewalk,  according 
to  frontage,  such  part  of  the  expense  of  the  construction  thereof,  in- 
cluding grading  and  curbing,  as  they  deem  reasonable.  Such  part 
of  the  expense  shall  in  no  case  exceed  fifty  per  centum  of  the  total 
cost  of  the  construction  of  the  sidewalk,  except  in  the  case  of  such 
sidewalks  as  are  ordained  and  established  along  either  one  or  both 
sides  of  any  principal  street  or  highway  of  the  said  township,  leading 
directly  to,  or  connecting  cities,  boroughs,  or  villages,  where  the  dis- 
tance between  said  connecting  points  does  not  exceed  one-half  mile 
within  the  lines  of  said  street  or  highway,  in  which  case  the  board 
of  township  commissioners  may  charge  to  the  owners  of  the  properties 
abutting  on  said  sidewalk,  according  to  frontage,  such  part  or  all  of 
the  expense  of  the  construction  thereof,  including  grading  and  curb- 
ing, as  they  may  deem  reasonable.  The  remainder,  if  any,  of  the 
expense  of  the  construction  of  the  sidewalk  shall  be  paid  out  of  the 
township  funds. 

(Amendment  of  May  20,  1921,  P.  L.  965.) 

The  original  section  was  drafted  from  Sec.  2,  Act  of  June  25,  1913,  P.  L. 
561.  The  clause  relating  to  the  charges  to  owners  where  the  sidewalks 
are  on  streets  connecting  cities,  etc.,  is  new. 

Section  1012.  When  any  sidewalk  has  been  constructed  by  an 
abutting  property  owner  in  front  of  his  property,  as  required  by 
the  ordinance,  the  township  commissioners,  upon  the  presentation  to 
them  of  a  receipted  bill  for  the  cost  of  constructing  such  sidewalk, 
shall  forthwith  pay  to  the  property  owner  the  part  of  the  expense  of 
the  construction  of  the  sidewalk  which,  by  the  terms  of  the  ordin- 
ance, is  to  be  defrayed  from  the  township  funds.  If  such  part  of  the 
expense  of  the  construction  of  the  sidewalk,  which  is  to  be  defrayed 
from  the  township  funds,  is  not  paid  forthwith  to  the  property  owner 
by  the  board  of  township  commissioners,  the  property  owner  may 
collect  the  same  in  a  suit  or  suits  against  the  township,  as  debts  of 
like  amount  are  now  by  law  collected. 

This' section  was  drafted  from  See.  6,  Act  of  June  25,  1913,  P.  L.  561. 

The  clause  in  Sec.  6  of  said  act  of  1913  providing  for  the  exoneration  of 
the  property  owner  from  taxes  until  full  reimbursement  of  expenditures, 
has  been   eliminated   and   provision   inserted  for  suit   against   the   township. 


137 

Section  KM.'}.  If,  at  the  time  of  the  passage  of  the  ordinance,  ;i 
sidewalk  paved  with  brick,  stone,  or  concrete  has  already  heen  con- 
structed hy  a  property  owner  in  front  of  his  property,  the  township 
commissioners  may  accept  such  walk  as  a  compliance  with  the  ordi- 
nance, although  not  constructed  according  to  the  specifications  there- 
of. If  such  sidewalk  is  not  accepted,  the  township  shall  hear  the 
expense  of  reconstructing  it. 

Drafted  from  Sec.  4,  Act  of  June  25,  101.°,,   P.  L.  561. 

(g)     Repair  of  Sidewalks. 

Section  1025.  In  townships  of  the  first  class,  where  sidewalks 
have  heen  established  by  township  ordinance,  the  owner  of  the  abutt- 
ing property  shall  keep  the  sidewalk  immediately  in  front  of  his 
property  in  good  order  and  repair,  and  at  all  times  free  and  clear 
of  all  obstruction  to  safe  and  convenient  passage. 

Drafted  from  Sec.  1,  Act  of  June  19,  1911,  P.  L.  1066. 

Section  102G.  If  the  owner  of  any  property  neglects  to  perform  the 
duty  required  of  him  in  the  preceding  section,  the  township  commis- 
sioners may  serve  written  notice  upon  him  requiring  him  to  do  what 
is  necessary.  If  such  property  owner  fails  to  comply  with  the  re- 
quirements of  such  notice  within  thirty  days  from  the  date  of  its 
service,  the  township  commissioners  may  make  the  necessary  repairs 
or  remove  any  obstruction.  The  cost  of  the  same,  together  with  a 
penalty  of  ten  per  centum,  shall  be  paid  by  the  delinquent  property 
owner,  and  may  be  collected  hy  action,  in  the  name  of  the  township, 
as  debts  of  like  amount  are  collected,  or  the  township  commissioners 
may  file  a  municipal  lien  against  the  property. 

Drafted  from  Sec.  2,  Act  of  June  19,  1911,  P.  L.  1066. 

Section  1027.  The  notice  provided  for  in  the  preceding  section 
may  be  served  on  the  property  owner  by  leaving  the  same  at  his 
place  of  residence,  or,  if  he  has  no  residence  in-  the  township,  then 
hy  leaving  the  same  with  the  tenant  or  occupant  of  the  premises  and 
mailing  a  copy  thereof  to  the  owner  at  his  last  known  address. 

Drafted  from  Spc  :!,  An  ,,f  Juno  10,  11)11,  P.  L.  1066, 


188 


CHAPTER  XIII. 

SIDEWALKS. 

ARTICLE  II. 

IN  TOWNSHIPS  OF  THE  SECOND  CLASS. 

Section  1040.  The  supervisors  of  any  township  of  the  second  class, 
upon  the  request  of  any  land  owner  whose  land  fronts  upon  a  public 
highway  within  such  township,  may  establish  "the  width  and  location 
for  a  sidewalk  along  each  side  of  said  highway  along  the  lands  of 
such  owner.  The  width  of  the  walk  on  each  side  of  said  highway 
shall  not  be  less  than  six  feet  for  roads  fifty  feet  in  width  or  less, 
and  for  roads  over  fifty  feet  in  width  shall  be  ten  feet  in  width.  When 
said  sidewalks  are  so  established,  such  land  owner  shall  pay  for  and 
keep  the  same  in  repair. 

Drafted  from  Sec.  4,  Act  of  June  26,  1895,  P.  L.  324. 

Section  1041.  The  township  supervisors  of  townships  of  the  second 
class  may  construct  sidewalks  of  board,  plank,  or  cement,  or  other 
suitable  material,  along  the  highways,  through  towns  and  villages 
in  such  townships,  upon  the  petition  of  the  abutting  property  owners. 
The  expense  of  the  construction  of  such  sidewalk  shall  be  paid  by 
the  township  and  the  abutting  property  owners,  in  proportion  agreed 
upon  between  the  supervisors  and  the  property  owner  before  the 
construction  of  such  sidewalk.  Not  more  than  ten  per  centum  of 
the  road  taxes  raised  in  the  township  for  the  current  year  shall  be 
used  for  such  purposes. 

Drafted  from  Sec.  1,  Act  of  June  3,-  1911,  P.  L.  638. 
Section  1042.     Supervisors  of  townships  of  the  second  class  may 

regulate,  by  ordinance,  the  grade  and  width  of  sidewalks  constructed 
along  the  highways  in  such  townships,  and  shall  have  general  super- 
vision over  the  same. 

Drafted  from  Sec.  2,  Act  of  June  3,  1911,  P.  L.  638. 


139 
CHAPTER  XIV. 

SEWERS  AND  DRAINS. 

For  other  provisions  relating  to  this  subject,  see  appendix, 

Sees.  1932  to  1934. 

ARTICLE  I. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

(a)  Establishing  and  Constructing  Sewer  and  Drainage  System, 
Sewer  Connections,  and  Rates;  Disposal  of  Sewage;  As- 
sessment of  Cost  of  Construction. 

Section  1070.  Townships  of  the  first  class  may  establish  and  con- 
struct a  system  of  sewers  and  drainage,  locating  the  same,  as  far 
as  practicable,  along  and  within  the  lines  of  the  public  roads  of  the 
township,  as  seem  advisable  to  the  commissioners.  The  township 
commissioners  may  permit,  and,  where  necessary  for  the  public 
health,  require,  adjoining  and  adjacent  property  owners  to  connect 
with  and  use  the  same.  All  persons  so  connecting  shall  pay,  in  addi- 
tion to  the  cost  of  making  such  connection,  a  monthly  or  annual  rate 
prescribed  by  ordinance.  Such  monthly  or  annual  rate  shall  con- 
stitute a  lien,  until  paid,  against  the  property  so  connecting  with  such 
system,  and  the  amount  thereof  may  be  recovered  by  due  process  of 
law. 

Nothing  in  this  section  shall  be  construed  to  repeal  or  modify  any 
of  the  provisions  of  the  Public  Service  Company  Law. 

Drafted  from   Sec.  7,   Clause  III,  Act   of  April  28,   1899,   P.   L.   104,   as 
amended  by  Sec.  1,  Act  of  May  24,  1901,  P.  L.  294. 

Section  1071.  Where  it  is  reasonably  impracticable,  in  the  judg- 
ment of  the  commissioners,  in  any  part  of  such  system,  to  carry  such 
sewers  or  drains  along  the  lines  of  public  roads,  the  commissioners 
may  locate  and  construct  so  much  of  the  same  as  is  necessary  through 
private  lands. 

Drafted  from   Sec.  7,   Clause  III,  Act   of  April  28,   1899,   P.  L.   104,   as 
amended  by  Sec.  1,  Act  of  May  24,  1901,  P.  L.  294. 

Section  1072.  The  commissioners  shall  make  the  necessary  provi- 
sion for  the  disposition  of  the  sewage  and  drainage  within,  or  for 
carrying  the  same  beyond,  the  limits  of  the  township;  and,  to  this 
end,  they  are  hereby  authorized  to  enter  into  contracts  with  other 
municipalities  and  other  corporations  or  persons,  and  to  purchase, 


140 

acquire,  enter  upon,  take,  appropriate,  occupy,  and  use  such  lands, 
rights,  and  interests  therein,  within  the  corporate  limits  of  other 
townships  or  boroughs,  as  shall  be  necessary  for  the  proper  location, 
construction,  maintenance,  use,  and  operation  of  sewer,  main  drains 
or  disposal  plants,  including  such  lands,  rights,  and  interests  therein 
as  shall  be  necessary  for  future  additions  to  and  enlargements  of 
such  sewage  facilities,  and  as  may  be  necessary  to  carry  out  the  plans 
and  specifications  upon  which  a  permit  has  been  issued  by  the  Com- 
missioner of  Health.  In  accordance  witli  the  provisions  of  the  act 
of  April  twenty-second,  one  thousand  nine  hundred  and  five,  en- 
titled "An  act  to  preserve  the  purity  of  tlie  waters  of  the  State  for  the 
protection  of  the  public  health." 

Drafted  from  Sec.  7,  Clause  III,  Act  of  April  28,  1899,  P.  L.  104,  as 
amended  by  Sec.  1,  Act  of  May  24,  1901,  P.  D.  294.  The  latter  part  of 
this    section    is    new. 

The  report  of  the  conference  committee  on  the  bill,  which  is  the  form  in 
which  it  appears  as  signed  by  the  Governor,  shows  the  entire  section  in  one 
sentence.  The  period  after  "Health"  and  the  capital  "I"  beginning  a  new 
sentence  is  evidently  a  subsequent  error.  The  comma  after  "and  operation 
of  sewer,"  is  also  evidently  an  error  in  punctuation. 

Section  1073.  In  the  event  of  inability  to  agree  with  the  owners, 
either  for  the  land  necessary  for  so  much  of  the  line  of  sewers  and 
drains  as  are  not  located  upon  public  roads,  or  for  so  much  land  as 
is  required  for  the  disposition  of  the  sewage,  the  commissioners  may 
enter  upon  said  land  and  mark  thereon  the  route  and  width  necessary 
lor  the  construction  of  the  line  of  sewers  or  drains,  or  the  boundaries 
of  so  much  land  as  is  necessary  for  disposition  of  such  sewage,  and 
occupy  the  said  land  for  such  purposes.  For  all  damage  done  or 
suffered,  or  which  accrues  to  the  owner  or  owners  of  such  land,  by 
reason  of  the  taking  of  the  same,  the  funds  of  the  township  raised 
by  taxation  shall  be  pledged  and  deemed  as  security. 

Drafted  from  Sec.  7,  Clause  III,  Act  of  April  28,  1899,  P.  L.  104,  as 
amended  by  Sec.  1,  Act  of  May  24,  1901,  P.  L.  294. 

Section  1074.  The  court  of  common  pleas,  on  application  thereto 
by  petition  either  by  the  township  commissioners  or  by  the  owner 
of  the  land,  may  appoint  a  jury  of  viewers  from  the  county  board  of 
viewers,  who  shall  not  be  the  owners  of  property  or  residents  in  the 
township,  and  appoint  a  time,  not  less  than  twenty  nor  more  than 
thirty  days  thereafter,  when  the  viewers  shall  meet  upon  the  land. 
Ten  days'  notice  of  such  time  and  place  shall  be  given  to  the  peti- 
tioners and  to  the  other  party  by  the  viewers. 

Drafted  from  Sec.  7,  Clause  III,  Act  of  April  28,  1899,  P.  L.  104,  as 
amended  by  Sec.  1,  Act  of  May  24,  1901,  P.  L.  294. 

Provision  has  been  made  that  the  viewers  shall  be  appointed  from  the 
county  board  of  viewers,  in  conformity  with  the  Act  of  June  23,  1911,  P. 
L.  1123. 


141 

Section  107.~>.  The  viewers,  having  been  first  Bworn  or  affirmed 
faithfully,  justly,  and  impartially  1<»  decide  and  ;i  true  reporl  to 
make  concerning  all  matters  and  things  t<>  be  submitted  t<>  them  and 
in  relation  t<»  which  they  are  authorized  to  inquire,  and  having  \  if  wed 
the  premises,  shall  estimate  and  determine  what  amount  <d'  damages, 
if  any,  has  been  or  may  be  sustained  by  reason  of  sneh  occupation, 
taking,  and  use,  and  to  whom  the  same  is  payable,  and  shall  make 
report  thereof  to  court. 

Drafted   from   Sec.   7,   Clause   III,   Act  of  April  28,   1899,   P.    L.   104,   as 
amended  by  Sec.  1,  Act  of  May  24,  1901,  P.  L.  294. 

Section  1076.  When  the  report  is  riled  in  court  ihe  same  shall  he 
confirmed  nisi.  Thirty  days  after  the  filing  of  the  report,  if  no  ex- 
ceptions thereto  have  been  filed,  nor  an  appeal  to  the  court  for  a  jury 
trial  is  taken,  the  report  shall  be  continued  absolutely. 

Within  thirty  days  niter  the  filing  of  ihe  report  either  party  may 
tile  exceptions  thereto,  or  appeal  to  the  court  and  demand  a  trial  by 

jury. 

From  such  final  confirmation  of  the  report  or  from  any  judgment 
on  a  verdict  of  a  jury,  either  party  may,  within  six  months,  appeal 
to  the  Superior  or  Supreme  Court. 

This  section  is  new. 

Section  1077.  The  damages  as  awarded  when  the  report  is  finally 
confirmed  shall  be  entered  as  a  judgment,  and  if  the  same  is  not  paid 
within  thirty  days  after  the  entry  thereof  execution  to  enforce  the 
collection  thereof  may  be  issued,  as  in  other  cases  of  judgment  against 

townships. 

Drafted  from   Sec.   7,   Clause   III,   Act   of  April   28,   1800.    P.   L.   104,   as 
amended  by  Sec.  1.  Act  of  May  24,  1001,  P.  L.  204. 

Section  1078.  The  cost  of  construction  of  any  system  of  sewers  or 
drains,  constructed  bv  the  authority  of  section  ten  hundred  and 
seventy  of  this  act,  shall  be  charged  upon  the  properties  accommodat- 
ed or  benefited  thereby  to  the  extent  of  such  benefits. 

(Amendment  of  May  HI.  1921,  P.  L.  041.   See.  1.) 

The  original  section    was  drafted   from   Sec.   1,   Act    of  February  23,  1905, 
P.  L.  22. 

This   same   section    was   also    amended    by    the    Act    of   July    0,    1010.    P.    L. 
707,   which   was   superseded   by   the   above   amendment. 

The    amendment     of    1021     to    Sees.    1078,    K>70.    1080,    1081,    1082,    1083, 
lost  and   10.sr>  practically   restored  the  original    provisions  of   the  code   with 
the   important   change   thai    the   benefits    •'shall    be   charged,"    instead   of   "may 
be  charged." 
Section  1079.     Whenever  a  sewer  system  is  constructed  by  a  town- 
ship of  the  first  class  for  tin-  accommodation  of  a  certain  portion  onls 


142 

of  the  township,  the  commissioners  of  such  township  may  constitute 
the  territory  accommodated  into  a  sewer  district  or  divide  it  into 
several  sewer  districts.  In  every  such  case  of  division  into  several 
districts  the  commissioners  shall  make  an  estimate  of  the  proportion 
of  the  cost  of  the  sewer  system  which  should  equitahly  be  charged  on 
each  of  said  districts,  and  declare  and  establish  such  apportionment 
by  ordinance.  No  district  shall  be  charged  with  more  than  its  due 
proportion  of  the  cost  of  the  main  sewers,  pumping  stations,  et  cetera, 
used  jointly  by  more  than  one  district;  the  aggregate  amount  charg- 
ed on  property  in  any  such  district  shall  not  exceed  the  amount  of 
such  estimate,  subject  to  the  provisions  of  section  ten  hundred  and 
eighty-two  and  ten  hundred  and  eighty -three  of  this -act.  Where  the 
whole  of  the  township  is  accommodated  by  the  system  it  may  also  be 
treated  as  a  single  district  or  divided  into  districts  and  be  subject  to 
the  foregoing  provisions. 

(Amendment  of  May  16,  1921,  P.  L.  641,  Sec.  2.) 

The  original  section  was  drafted  from  Sec.  2,  Act  of  February  23,  1905, 
P.  L.  22. 

Section  1080.  Any  amount  not  legally  chargeable  upon  proper- 
ties benefited  shall  be  paid  out  of  the  general  township  fund. 

(Amendment  of  May  16,  1921,  P.  L.  641,   Sec.  3.) 

The  original  section  was  drafted  from  Sec.  2,  Act  of  February  23,  1905, 
P.  L.  22. 

This  section  was  also  amended  by  the  Act  of  July  15,  1919,  P.  L.  978, 
which  was  superseded  by  the  above  amendment. 

Section  1081.  The  charge  for  any  such  sewer  construction  in  any 
township  of  the  first  class  shall  be  assessed  upon  the  properties  ac- 
commodated or  benefited,  in  either  of  the  following  inetliojds: 

(a)  By  an  assessment,  pursuant  to  township  ordinance  of  each 
lot  or  piece  of  land  in  proportion  to  its  f rentage  abutting  on  the 
sewer,  allowing  such  reduction  in  the  case  of  properties  abutting  on 
more  than  one  sewer  as  the  ordinance  may  specify.  No  assessment 
by  frontage  shall  be  made  on  properties  of  such  a  character  as  not  to 
be  lawfully  subject  to  such  manner  of  assessment;  and  each  abutting 
property  shall  be  assessed  with  not  less  than  the  whole  amount  of 
the  benefit  accruing  to  it  and  legally  assessable. 

(b)  By  an  assessment  upon  the  several  properties  abul  ting  <>n  the 
sewer  in  proportion  to  benefits.  The  amount  of  the  chargeon  each 
property  shall  be  ascertained  as  provided  in  sections  ten  hundred 
and  eighty-two  and  ten  hundred  and  eighty -three  of  this  net. 

(Amendment  of  May  16,  1921,  P.  L.  641,  Sec.  4.) 

The  original  section  was  drafted  from  Sec.  3,  Act  of  February  23,  1905, 
P.  L.  22. 


143 

This  section  was  also  amended  by  the  Act  of  July  9,  11)19,  P.  L.  797, 
Sec.  2,  which  was  superseded  by  this  amendment.  The  original  clause  (c) 
of  this  section  was  eliminated  by  the  amendments. 

♦Section  1082.  tn  ;ill  cases  where  the  township  commissioner  shall 
select  the  method  provided  by  subdivision  (b)  of  the  foregoing  section 
ten  hundred  and  eighty-one,  they  shall  petition  the  court  of  common 
pleas  for  appointment  of  viewers  to  assess  benefits.  In  all  cases 
where  they  shall  neglect  for  a  period  of  three  months  after  the  com 
pletion  of  the  sewer  system  to  either  ordain  assessments  by  frontage, 
or  present  a  petition  for  appointment  of  viewers,  taxpayers  of  the 
township  whose  property  valuation  as  assessed  for  taxable  purposes 
within  the  township  shall  amount  to  fifty  per  centum  of  the  total  pro- 
perty valuation  as  assessed  for  taxable  purposes  within  the  town- 
ship, may  present  a  petition  to  the  court  of  common  pleas  of  the  pro- 
per county  for  the  appointment  of  viewers  to  assess  benefits,  and  in 
all  cases  where  such  taxpayers  shall,  within  three  months  of  the 
adoption  of  any  ordinance  levying  an  assessment  under  the  methokl 
provided  by  subsection  (a)  of  said  section  ten  hundred  and  eighty- 
one,  by  petition  state  to  said  court  that  such  assessment  insufficient- 
ly represents  the  benefits  accruing  to  abutting  properties,  they  may 
include  in  such  petition  a  prayer  for  the  appointment  of  viewers  to 
assess  benefits.  In  either  case  the  said  court  shall  thereupon  appoint 
three  disinterested  persons  from  the  board  of  county  viewers,  neither 
of  whom  shall  be  a  resident  of  that  portion  of  the  township  which  is 
accommodated  by  the  sewer  in  question.  The  viewers,  or  a  majority 
of  them,  having  been  sworn  or  affirmd  to  perform  their  duties  with 
fidelity  and  impartiality,  shall  assess  upon  each  piece  of  land  abutting 
upojn  the  line  of  said  sewer  system,  which  in  their  opinion  is  benefited 
by  its  construction,  such  amount  as  represents  the  benefit  accruing 
to  such  lot.  In  no  case  shall  the  viewers,  in  assessing  benefits  to 
private  property  through  which  any  sewer  runs,  take  into  considera- 
tion any  damages  which  such  property  has  sustained,  but  all  snch 
damages  shall  be  assessed  in  the  manner  provided  in  sections  ten 
hundred  and  seventy-four  and  ten  hundred  and  seventy-seven  inclus- 
ive of  this  act.  The  aggregate  off  the  assessments  in  any  sewer  (lis 
triet  shall  not  exceed  the  amount  charged  to  such  district  for  its 
share  of  the  cost  of  the  sewer  construction,  unless  the  same  shall,  by 
petition  of  taxpayers  whose  property  valuation  as  aforesaid  shall 
amount  to  fifty  per  centum  of  the  total  property  valuation  as  assessed 
for  taxable  purposes  within  the  township,  presented  within  three 
months  after  the  adoption  of  an  ordinance  providing  for  an  assess 
ment  by  frontage,  be  stated  to  insufficiently  represent  the  amount  of 
benefits  to  such  properties,  in  which  case  the  proceedings  by  tax- 
payers authorized  above  shall  be  applicable.  TTpon  the  filing  of  *uch 
a  petition  by  taxpayers  as  aforesaid  for   appointment  of  viewers*, 


1'44 

any  assessment  made  by  the  commissioners   and   any  proceedings 
thereunder  shall  be  null  and  void. 

(Amendment  of  May  16,  1921,  P.  L.  641,  Sec.  5.) 

The  original  section  was  drafted  from  Sec.  4,  Act  of  February  23,  1905, 
P.  L.  22.  The  authority  to  appoint  viewers  was  transferred  from  the 
township  commissioners  to  the  court  of  common  pleas.  The  matter  re- 
lating  to   proceedings   by    taxpayers   was    added   by    the    above    amendment. 

This  section  was  also  amended  by  the  Act  of  July  9,  1919,  P.  It  797, 
Sec.  3,  which  was  superseded  by  this  amendment  . 

Section  1083.  The  viewers,  or  a  majority  of  them,  shall  make  re- 
port in  writing,  specifying  the  amount  assessed  by  them  on  each  lot 
or  parcel  of  land,  and  shall  file  the  same  with  the  township  secretary 
within  the  time  directed  by  the  order  appointing  them.  After  the 
report  is  filed  the  viewers  shall  cause  public  notice  thereof  to  be  given 
by  publication  once  a  week  for  two  weeks  in  two  newspapers  of  the 
county  having  a  general  circulation  in  the  township.  Such  notice 
shall  state  a  time,  not  less  than  fifteen  days  after  the  filing  of  the  re- 
port, and  a  place  when  and  where  the  viewers  will  meet  and  exhibit 
their  report,  and  hear  all  exceptions  and  objections  thereto  on  behalf 
of  the  property  owners  or  by  representatives  of  the  township,  or  tax- 
payers thereof.  After  the  hearing  of  such  objections  the  viewers 
shall  make  whatever  changes  they  deem  proper  in  their  report.  When 
such  revision  has  been  made,  notice  by  advertisement  in  the  two 
newspapers  aforesaid  once  a  week  for  two  weeks,  shall  be  given  by 
the  viewers  of  the  date  when  their  report  will  be  filed  in  court,  of 
the  amount  assessed  against  each  lot  or  parcel  of  land,  and  the  name 
of  the  owner  or  repirted  owner,  and  a  report  in  writing  accompanied 
by  a  plan  showing  the  improvement  and  the  properties  benefited, 
signed  by  said  viewers,  or  a  majority  of  them,  specifying  the  amount 
assessed  on  each  lot  or  parcel  of  land,  shall  be  filed  in  the  court  of 
common  pleas,  and  a  copy  thereof  signed  by  the  viewers  or  a  majority 
of  them  also  shall  be  filed  at  the  same  time  with  the  township  trea- 
surer, and  when  the  report  is  filed  in  court  it  shall  be  confirmed  nisi. 
Within  thirty  days  after  the  filing  of  any  report  the  township  or  any 
other  party  interested  may  file  exceptions  thereto,  or  appeal  to  the 
court  of  common  pleas  therefrom  and  demand  a  trial  by  jury.  At 
the  end  of  said  thirty  days  the  report  shall  be  confirmed  absolutely 
as  to  all  portions  in  respect  to  which  no  exceptions  have  been  filed 
or  appeal  taken.  The  practice  and  procedure  in  respect  to  exceptions, 
appeal  1o  the  court  of  common  pleas,  and  the  Supreme  or  Superior 
Courts  shall  be  in  accordance  with  the  provisions  of  the  general  law 
regulating  the  same  matters  following  proceedings  by  viewers  for 
assessment  of  damages,  costs  and  expenses  upon  the  properties  bene- 
fited in  the  several  municipalities  of  this  Commonwealth. 


145 

The  court  of  common  pleas  shall  have  the  right  to  confirm  the  re 
port  of  viewers,  or  i<>  modify,  correct,  or  otherwise  change  the  as- 
sessments made  therein,  or  refer  the  same  back  ;<>  ihc  sainc  or  new 
viewers,  with  instructions  to  proceed  anew,  m'  to  correcl  errors  in 
procedure,  or  otherwise,  with  like  power  as  to  their  report. 

The  righl  of  exception  to,  or  ajrasa!  from  said  report  of  viewers. 
within  said  period  of  thirty  days,  is  hereby  conferred  upon  the  town- 
ship or  any  taxpayer  of  the  township,  together  with  the  right  of  ap 
peal  to  the  Supreme  or  Superior  Court  from  any  order,  decree  off 
judgment  of  the  court  of  common  pleas. 

(Amendment  of  May  16,  1921,  P.  L.  641,   Sec.  6.) 

The  original  section  was  drafted  from  Sec.  5,  .Act  of  February  -'■'>.  1905", 
P.  L.  22. 

This  section  was  amended  by  the  Act  of  July  15,  1919,  P.  L.  978,  which 
is  superseded  by  the  above  amendment.  Practically  the  entire  section  lias 
been  changed  from  its  original  reading. 

See  also  Act  of  May  10,  1921,  P.  L.  428,  Sec.  174:;. 

Section  1084.  After  the  amount  of  the  assessment  charged  upon 
the  several  properties  has  been  established,  either  by  ordinance  mak- 
ing assessments  according  to  frontage  or  by  continuation  of  any  re- 
port of  viewers  in  whole  or  in  part,  it  shall  be  the  duty  of  the  town- 
ship commissioners  to  tile  municipal  liens  for  the  assessments  covered 
by  such  ordinance  or  confirmation  within  the  time  and  in  the  manner 
provided  by  law;  the  same  to  be  subject,  in  all  respects,  to  the  gen 
eral  law  providing  for  the  tiling  and  recovery  upon  municipal  liens. 
The  amounts  of  all  assessments  shall  be  payable  to  the  township 
treasurer  for  the  use  of  the  township.  The  commissioners  shall  also 
make  out  bills  for  the  amounts  charged  against  each  property  which 
shall  be  forthwith  sent  to  all  property  owners  residing  in  the  town 
ship,  and  mailed  to  all  such  owners  residing  elsewhere  whose  address 
is  known. 

(Amendment  of  May  16,  1921,  P.  L.  641,  Sec.  7.) 

The  original  section  1084  was  drafted  from  section  6  of  the  Act  of  Feb- 
ruary 23,  1905,  P.  L.  22.  This  section  was  repealed  by  section  :>  of  tin- 
Act  of  July  15,  1919,  P.  L.  978,  and  was  replaced  by  section  7  of  the  Act  of 
.May  16,  1921,  P.  L.  641. 

The  original  section  did  not  provide  for  the  tiling  of  municipal  liens,  hut 
this  was  specified  in  secton  1085. 

Section  1085.  The  costs  of  publication  of  notices  in  proceedings 
before  viewers  shall  be  paid  by  the  township,  upon  presentation  of 
bills  approved  by  the  court. 

(Amendment  of  May   L6,  1921,  P.  L.  641,  Sec  7.) 


10 


146 

The  original  section  1085  was  drafted  from  section  6  of  the  Act  of  Feb- 
ruary 23,  1905,  P.  L.  22.  This  section  was  repealed  by  section  3  of  the 
Act  of  July  15,  1919,  P.  L.  978,  and  was  replaced  by  section  7  of  the  Act 
of  May  16,  1921,  P.  L.  041.     All  the  provisions  of  the  amendment  are  new. 

(b)  Contracts  With  Individuals  or  Corporations  for  Construction 

and  Maintenance  of  Sewer  and  Drainage  Systems. 

Section  1095.  In  any  case  where,  under  the  authority  of  section 
ten  hundred  and  seventy  of  this  act,  a  system  of  sewage  and  drainage 
covering  any  township  of  the  first  class  in  whole  or  in  part  shall 
have  been  approved  and  authorized  by  ordinance,  the  commissioners 
may  enter  into  a  contract  with  any  responsible  individual  or  in- 
dividuals, or  corporation,  for  the  construction  of  such  system  of 
sewage  or  drainage,  at  the  expense  of  such  individual  or  individuals, 
or  corporation.  He,  they,  or  it  shall  be  entitled,  under  such  contract, 
to  exercise  all  the  powers  of  the  township  in  the  construction,  main- 
tenance, and  operation  of  such  system  of  sewage  or  drainage,  with  the 
right  to  collect  such  charges  in  connection  therewith  as  the  commis- 
sioners prescribe,  in  as  full  manner  as  the  same  might  have  been 
collected  by  the  township  or  the  commissioners.  In  such  contract  the 
commissioners  shall  reserve  to  the  township  the  right  at  any  time, 
or  after  a  prescribed  time,  to  itself  take  possession  of  such  system 
of  sewage  and  drainage  and  its  appurtenances,  at  a  price  and  upon 
terms  to  be  fixed  in  the  contract. 

Nothing  in  this  section  shall  be  construed  to  repeal  or  modify  any 
of  the  provisions  of  the  Public  Service  Company  Law. 

Drafted  from  part  of  Section  7,  Clause  III  of  the  Act  of  April  28,  1899, 
P.   L.  104,  as  amended  by  Sec.  1,  of  the  Act  of  May  24,  1901,  P.  L.  294. 

(c)  Sewers  and  Drains  in  Streets  or  Alleys,  or  Over  Private  Prop- 

erty ;  Assessment  of  Cost  of  Construction  According  to  Bene- 
fits. 

Section  110.1.  Townships  of  the  first  class  may  construct  sewers 
;ind  drains  in  any  street  or  alley,  or  through  or  on  or  over  private 
property.  The  costs,  damages,  and  expenses  of  the  construction  of 
any  such  sewer  or  drain  shall  be  assessed  and  collected  in  the  manner 
provided  in  sections  five  hundred  and  fifty-three  to  five  hundred 
and  sixty-four,  both  inclusive,  of  this  act. 

Drafted  from  section  1,  Act  of  May  23,  1913,  P.  L..  34S,  so  tax  as  it 
authorizes  townships  <>f  the  first  class  to  construct  sewers. 


147 

(d)     Sewers  Under  State  and  County  Highways. 

Section  L115.  Townships  of  the  first  class  may  construct  sewers 
and  drains  in  and  under  any  county  or  State  highway  within  the 
township  boundaries.  In  case  of  the  construction  of  sewers  upon 
county  highways,  the  consent  of  the  county  commissioners  of  the 
county  shall  first  be  obtained;  and  in  case  of  the  construction  of 
sewers  upon  any  State  highway,  the  consent  of  the  state  Highway 
Commissioner  shall  tirst   be  obtained. 

Drafted  from  Sec.  1,  Act  of  May  23,   1913,  P.  L.  353. 

Section  1116.  Whenever  sewers  have  been  or  shall  be  laid  or  con- 
structed by  any  first  class  township  in  and  under  such  highways, 
such  township  may  ascertain,  levy,  and  collect  the  costs  and  ex- 
penses of  the  construction  thereof  from  the  abutting  property  holders, 
in  the  manner  provided  in  sections  five  hundred  and  fifty-three  to 
live  hundred  and  sixty-four  of  this  act. 

Drafted  from  Sec.  2,  Act  of  May  23,  1913,  P.  L.  353. 

(e)     Connecting   With   Sewer   of   Adjoining    Municipality. 

Section  1125.  Any  township  of  the  first  class  may  connect  with 
an  existing  sewer,  owned  by  any  adjacent  municipality,  for  sewage 
purposes,  in  the  manner  prescribed  in  the  following  sections  of  this 
article. 

Drafted  from  Sec.  1,  Act  of  July  17,  1901,  P.  L.  668. 

Section  112G.  Whenever  any  township  of  the  first  class  shall  desire 
to  connect  with  the  existing  sewer  of  any  adjacent  municipality,  an 
application  shall  be  made  by  the  board  of  commissioners  to  the  court 
of  quarter  sessions  setting  forth  that  fact. 

Drafted  from  part  of  Sec.  2,  Act  of  July  17,  1901,  P.  L.  668. 
The   board   of  commissioners  was   substituted   for   councils   to   fit   the   de- 
signation of  the  township  authorities. 

Section  1127.  If  the  court  shall  be  of  the  opinion  that  such  con- 
nection can  be  made  without  impairing  the  usefulness  of  the  existing 
sewer,  it  shall  appoint  three  viewers,  who  shall  view  the  premises 
and  investigate  the  facts  of  the  case  and  shall  assess  the  proportion- 
ate part  of  the  expense  of  building  the  original  sewer  upon  such 
township  of  the  first  class,  and  shall  fix  the  proportion  of  the  expense 
for  repairs  which  the  municipality  and  the  township  of  the  first  class 
shall  thereafter  bear,  and  determine  all  other  questions  liable  to  arise 
in  connection  therewith. 

Drafted  from  part  of  Sec.  2,  Act  of  July  17,  1901,  P.  L.  668. 


148 

Section  112S.  The  viewers  shall  report  to  the  court  the  result  of 
their  investigation,  which  report  shall  be  continued  within  thirty 
days,  unless  exceptions  thereto  are  filed.  After  continuation  of  such 
report,  or  the  disposal  of  any  exceptions,  any  party  interested  may 
appeal  from  the  decision  of  the  court  of  quarter  sessions  to  the 
Superior  Court. 

Drafted  from  part  of  Sec.  2,  Act  of  July  17,  1901,  P.  L.  068. 


14!) 

CHAPTER  XIV. 

SEWERS  AND  DRAINS. 

ARTICLE  II. 

JOINT  SEWERS. 

Section  1140.  Townships  of  the  first  or  second  class  may  enter 
into  agreements  with  municipalities  or  other  townships  for  the  pur- 
pose of  building  sewers,  including  trunk-line  sewers  or  drains  and 
sewage-disposal  plants.  Such  agreement  shall  provide  for  the  joint 
maintenance  of  the  same. 

Drafted  from  Sees.  1  and-2,  Act  of  May  1.  1000.  P.  ,'L.  300,  as  amended 
by  the  Ad  of  Juno  15,  1911,  P.  L.  966. 

Section  1141.  No  such  sewer  or  plant  shall  lie  constructed  until 
plans  ami  specifications  have  been  submitted  to  the  State  Department 
of  Health  and  approved,  in  accordance  with  provisions  of  the  act 
of  April  twentv-second,  one  thousand  nine  hundred  and  five  (page 
two  hundred  and  sixty),  entitled  "An  act  to  preserve  the  parity  of 
the  waters  of  the  State  for  the  protection  of  the  public  health." 

Drafted  from  Sec.  1,  Act  of  May  1,  1000,  P.  L.  300.  as  amended  by  Sec. 
1,  Act  of  June  15,  1011,  P.  L.  966. 


150 


CHAPTER  XV. 

CONTRACTS   WITH   RAILROADS   AND    RAILWAYS. 

ARTICLE  I. 

Section  1160.  The  commissioners  or  supervisors  of  any  township 
of  the  first  or  second  class  may  enter  into  contracts  with  any  rail- 
road company  whose  road  enters  the  township,  authorizing  such  rail- 
road company  to  relocate,  change,  or  elevate  its.  road  within  the 
limits  of  the  township,  as  in  the  judgment  of  the  commissioners  or 
supervisors  is  hest  adapted  to  secure  the  safety  of  lives  and  property 
and  promote  the  interest  of  the  township. 

Drafted  from  See.  1,  Act  of  June  9,  1874,  P.  L.  282. 

Section  1161.  Townships  of  the  first  or  second  class  may  enter 
into  contracts  with  any  street  passenger  railway  company,  surface, 
elevated  or  underground,  or  motor-power  company  leasing  and  op- 
erating the  franchise  and  property  of  such  company  within  the  limits 
of  the  township;  regulating  the  franchises,  powers,  duties,  and  lia- 
bilities of  such  companies  and  the  respective  rights  of  the  contracting 
parties.  Such  contracts  may  inter  alia  provide  for  payments  by  the 
companies  to  the  township,  in  lieu  of  the  performance  of  certain 
duties,  or  the  payment  of  license  fees  or  charges  imposed  in  favor 
of  such  township  by  the  charters  of  the  respective  companies  or  by 
any  general  law  or  ordinances,  for  the  appointment  by  the  township 
of  a  certain  number  of  persons  to  act  as  directors  of  such  company, 
in  conjunction  with  the  directors  elected  by  the  stockholders  of  such 
company,  and  may  further  provide  for  the  ultimate  acquisition  by  the 
township,  upon  terms  mutually  satisfactory,  of  the  leaseholds  prop- 
erty, and  franchises  of  the  contracting  companies. 

Drafted  from  Sec.  1,  Act  of  April  15,  1907,  P.  L.  80. 

Section  1162.  To  secure  the  removal  of  any  street  railway  tracks, 
or  to  prevent  the  laying  of  any  tracks  authorized  to  be  laid,  or  to 
change  the  route  of  any  street  railway  on  any  street,  a  township  of 
the  first  or  second  class  may  enter  into  a  contract  with  a  street  rail- 
way or  motor-power  company,  owning,  leasing,  or  operating  such 
tracks,  for  a  period  not  exceeding  fifty  years,  for  such  considerations 
and  upon  such  conditions  as  may  l>e  agreed  upon. 

Drafted  from  part  of  Sec.  1,  Act  of  May  3,  1905,  P.  L.  379. 

Section  1103.  Such  contract  may  include  a  covenant  providing 
that  during  the  continuance  thereof  the  consent  of  the  township  shall 


151 

not  be  granted  to  any  other  company  to  use.  for  streel  railway  or 
passenger  transportation  purposes,  any  streets  covered  by  such  con- 
tract. Such  covenant  may  be  enforced  by  bill  in  equity  against  the 
township. 

Drafted  from  part  of  Sec.  1,  Act  of  May  3,  1905,  P.  L.  379. 

Section  1164.  The  contract  may  also  provide  for  the  laying  or  re- 
laying of  tracks,  upon  such  terms  and  upon  such  conditions  as  may 
be  agreed  upon. 

Drafted  from  part  of  Sec.  1,  Act  of  May  3,  1905,  P.  L.  379. 

Section  1165.  No  provision  of  this  chapter  shall  be  construed  to 
repeal  or  modify  any  of  the  provisions  of  the  Public  Service  Company 
Law. 

This   section   is   now. 


152 
CHAPTER  XVI. 

WATER-SUPPLY  AND  WATER-WORKS. 

For  other  provisions  relating  to  this  subject  See  Sec.  381,  CI.  XVII,  and  Sec. 
386,  CI.  Ill  and  in  appendix,  Sees.  2009  to  2011,  inclusive. 

ARTICLE  I. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

Section  1180.  Townships  of  the  first  class  may  contract  with  any 
adjoining  municipality,  owning  a  water-works  system,  for  a  supply 
of  water  for  public  and  private  uses  to  be  delivered  into  the  lines  of 
the  township  at  or  near  the  boundary  thereof. 

This  section  does  not  authorize  a  contract  between  a  township  of 
the  first  class  and  a  municipality  for  the  supply  of  water  in  territory 
being  supplied  by  a  private  company. 

Drafted  from  Sec.  1,  Act  of  April  9,  1915,  P.  L.  TO. 

Section  1181.  A  township  making  such  contract  may,  by  ordinance, 
provide  and  regulate  and  protect  a  system  of  distribution  of  the 
water,  after  a  certified  copy  of  the  plans  and  surveys  for  such  system, 
with  a  description  of  the  sources  from  which  it  is  proposed  to  derive 
the  supply,  are  filed  in  the  Department  of  Health,  and  a  written  per- 
mit for  the  construction  of  such  system  obtained  from  the  Commis 
sioner  of  Health,  in  accordance  with  the  provisions  of  the  act  of 
April  twenty-second,  one  thousand  nine  hundred  and  five  (Pamphlet 
Laws,  two  hundred  and  sixty),  entitled  "An  act  to  preserve  the 
purity  of  the  waters  of  the  State  for  the  protection  of  the  public 
health." 

i  'rafted  from  Sec.  L\  Act  of  April  9.  1915,  P.  L.  70. 

Section  1182.  In  providing  for,  regulating  and  protecting  and  ex- 
tending its  system  of  distribution  of  water,  the  township  may  occupy 
public  highways,  and  may  take,  injure,  or  destroy  private  property. 
Xo  highway  under  Hie  jurisdiction  of  the  State  Highway  Department 
shall  be  occupied  until  a  permit  therefor  lias  been  obtained  from  the 
State  Highway  Department.  Property  belonging  to  or  used  as  a 
cemetery  or  a  place  of  public  worship,  or  any  public  or  parochial 
school,  o*"  other  educational  or  charitable  institution  or  seminary,, 
shall  not  be  taken,  injured,  or  destroyed  by  virtue  of  this  act. 

Drafted  from  Sec.  ?>.  Art  of  April  9,  1915,  P.  L.  70., 


LB3 

Section  1183.  If  the  compensation  and  damages  arising  from  such 
taking,  injury,  or  destruction  of  private  property  cannol  be  agreed 
upon,  the  township  may  lender  its  bond  as  security  to  the  party 
claiming  or  entitled  to  any  damages,  or  to  the  attorney  or  agenl  <>f 
any  absent  person,  or  to  the  agenl  or  other  officer  of  ;i  corporation, 
or  to  the  guardian  or  committee  of  any  person  under  legal  incapacity. 
The  condition  of  the  bond  shall  be,  that  the  township  shall  pay  or 
cause  to  be  paid  such  amount  of  damages  as  the  party  shall  be  en- 
titled to  receive,  after  the  same  shall  have  been  agreed  upon  or  as- 
sessed in  the  manner  provided  in  the  following  sections  of  this  article. 

In  case  the  party  or  parties  claiming  damages  refuse  or  do  no! 
accept  the  security  so  tendered,  the  township  shall  give  the  party, 
his  or  their  agent,  attorney,  guardian,  or  committee,  at  least  ten 
days'  written  notice  of  the  time  when  the  same  will  be  presented  to 
the  court  of  common  pleas  for  approval. 

Thereafter  the  township  may  present  its  bond  to  the  court,  and 
when  approved  the  bond  shall  be  filed  in  court  for  the  benefit  of  those 
interested.  Recovery  may  be  had  thereon  for  the  amount  of  damages 
finally  determined,  if  the  same  is  not  paid  or  cannot  be  collected  by 
execution  on  the  judgment  in  the  issue  formed  to  try  the  question. 
Upon  the  approval  of  such  security  the  township  may  enter  into 
possession. 

Drafted  from  Sec.  -t.  Act  of  April  9,  1915,  P.  L.  To. 

Section  1184.  In  case  the  compensation  for  damages  accruing  from 
such  taking,  injury,  or  destruction  has  not  been  agreed  upon  by  the 
parties  in  interest,  the  court  of  common  pleas,  or  any  law  judge 
thereof  in  vacation,  on  application  thereto  by  the  township  or  any 
person  interested  in  the  property,  shall  appoint  three  members  of  the 
board  of  viewers  of  the  county  as  a  board  of  view,  and  appoint  a 
time,  not.  less  than  ten  nor  more  than  twenty  days  thereafter,  when 
the  board  of  view  shall  meet  upon  the  property  and  view  the  same 
and  the  premises  affected  thereby. 

Drafted  from  part  of  Sec.  5,  Act  of  April  9,  1915,  P.  L.  70. 

Section  1185.  The  board  of  view  may  be  appointed  before  or  at 
any  time  after  the  entry,  taking,  or  appropriation  of  any  property 
to  be  used  for  the  purpose  set  forth  in  section  eleven  hundred  and 
eighty-two  of  this  act.  They  shall  have  power  to  administer  oaths 
and  adjourn  their  hearings,  from  day  to  day.  as  they  find  necessary. 

Drafted  from  Sec  7.  Act  of  April  !).  L915,  I'.  J,.  To. 

Section  1186.  The  board  of  view  shall  give  at  least  live  days'  notice 
of  the  time  of  their  lirsi  meeting,  by  personal  service  upon  the  owners. 
agents,  attorneys,  or  representatives  thereof,  if  they  reside  within  the 


154 

county ;  otherwise,  by  handbills  posted  upon  the  premises,  or  by  such 
other  notice  as  1  lie  court  shall  direct. 

The  board  of  view,  having  been  duly  sworn  or  affirmed  faithfully, 
justly,  and  impartially  to  decide  and  true  report  to  make  concerning 
all  matters  and  things  submitted  to  them  and  in  relation  to  which 
they  are  authorized  to  inquire,  and  having  viewed  the  premises  or 
examined  the  property,  shall  hear  all  parties  interested  and  their 
witnesses,  and.  having  due  regard  to  the  advantages  and  disadvan- 
tages, shall  estimate  and  determine  the  damages  for  the  property 
taken,  used,  or  appropriated,  and  to  whom  the  same  are  payable. 

They  shall  give  at  least  ten  days'  notice  thereof v  in  the  manner 
herein  provided,  to  all  parties  interested,  of  the  time  and  place  when 
the  board  of  view  will  meet  and  exhibit  their  report  and  hear  any 
exceptions  thereto.  After  making  whatever  changes  are  necessary 
and  proper,  the  board  of  view  shall  make  report  to  the  court  showing 
the  damages,  if  any  are  allowed,  and  shall  file  therewith  a  plan  show- 
ing the  properties  taken,  injured,  or  destroyed,  and  the  names  of  the 
persons  to  whom  such  damages  are  payable. 

Drafted  from  part  of  Sec.  5,  Act  of  April  9,  1915,  P.  D.  70. 

Section  1187.  When  the  report  of  the  board  of  view,  or  any  two  of 
them,  is  filed  in  court,  any  party  may,  within  thirty  days  thereafter, 
file  exceptions  thereto.  The  court  may  confirm  the  report,  or  modify, 
change  or  otherwise  correct  it,  or  refer  it  back  to  the  same  or  new 
viewers,  with  like  power  as  to  their  report.  Or,  within  thirty  days 
from  the  filing  of  any  report  in  court,  any  party  whose  property  is  so 
taken,  used,  or  appropriated  may  appeal  to  the  court  of  common 
pleas  and  demand  a  trial  by  jury.  Any  party  interested  therein  may, 
within  six  months  after  final  decree,  have  an  appeal  to  the  Superior 
or  the  Supreme  Court. 

Drafted  from  part  of  Set.  6,  Act  of  April  9,  1915,  P.  L.  70. 

The  time  limit  for  taking  an  appeal  to  the  Supreme  or  Superior  courts 
was  changed  from  thirty  clays  to  six  months  in  accordance  with  the  opinion 
in  Scranton  Sewer,  213  Pa.  ll. 

See  also  Act  of  .May  10,  192].  P.  iL,.  428.  infra,  Sec.  1743. 

Section  118S.  If  no  exceptions  are  filed  or  no  demand  made  for 
trial  by  jury,  within  thirty  days  after  the  filing  of  such  report,  the 
same  shall  become  absolute.  The  court  may  order  what  notices  shall 
be  given  in  connection  with  any  part  of  said  proceedings  and  may 
make  all  such  orders  as  it  deems  requisite. 

1  >rafted  from  part  of  Sec  6,  Act  of  April  9.  1915,  P.  L.  70. 
See  also  Act   of  May  10,  1921,  P.  L.  428,  infra  Sec.  1713. 


155 

Section  1181).  The  costs  of  the  board  of  view  and  all  court  costs 
incurred  in  the  proceedings,  including  advertising  and  printing  and 
posting  notices,  shall  be  defrayed  l>v  the  township. 

Drafted  from  Sec.  8,  An  of  April  !>.  1915,  P.  L.  70. 

Section  lli)0.  All  damages  when  determined,  shall  be  assessed 
against  and  paid  by  the  township  so  taking,  injuring,  or  destroying 

the  property. 

Drafted  from  See.  !>,  Art  of  April  9,  1915,  P.  L.  70. 


150 
CHAPTER  XVI. 

WATER-SUPPLY  AND  WATER-WORKS. 

ARTICLE  II. 

CONSTRUCTION,  ACQUISITION,  AND  MAINTENANCE  OF  WATER- 
WORKS  IN   CONNECTION   WITH   BOROUGHS. 

Section  1205.  Any  township  of  the  first  or  second  class  may  unite 
with  a  borough  in  the  construction  or  acquisition  and  maintenance 
of  works  for  the  supply  of  water. 

Drafted  from  Sec.  1,  Act  of  June  1.  1!)11,  P.  L.  541. 

Section  1200.  The  construction  of  water-works,  as  provided  for 
in  the  preceding  section,  shall  be  after  plans  for  such  water-works 
have  been  filed  with  the  State  Commissioner  of  Health,  and  a  permit 
issued  in  accordance  with  the  act  of  Assembly  of  April  twenty-second, 
one  thousand  nine  hundred  and  five  (page  two  hundred  sixty),  en- 
titled "An  act  to  preserve  the  purity  of  the  waters  of  the  State  for 
the  protection  of  the  public  health." 

Drafted  from  See.  2,  Act  of  June  1,  1911,  P.  L.  541. 

Section  1207.  Whenever  any  township  of  the  first  or  second  class 
unites  with  a  borough  in.  the  construction  or  acquisition  and  mainte- 
nance of  water-works,  the  commissioners  or  supervisors  of  such  town 
ship,  after  the  passage  of  an  ordinance  or  resolution  to  that  effect, 
may  join  with  the  councils  of  such  boroughs,  now  authorized  by 
chapter  six,  article  seventeen,  section  forty  of  the  general  borough 
act  of  May  fourteenth,  one  thousand  nine  hundred  fifteen  (page  three 
hundred  and  twelve,)  so  to  join  and  apply  to  the  court  of  common 
pleas  for  the  appointment  of  a  commission  of  water- works.  Such 
commission  shall  be  composed  of  citizens  of  each  of  the  boroughs  and 
townships  so  uniting. 

Drafted  from  See.  10,  Act  of  June  5,  1913,  P.  L.  445. 


157 
CHAPTER  XVII. 

PUBLIC  BUILDINGS. 

ARTICLE  I. 

GENERAL    PROVISIONS. 

Section  1220.  The  commissioners  or  supervisors  of  townships  of  the 
first  or  second  class  may  procure  a  suitable  lot  of  ground,  and  erect 
a  suitable  building  thereon  for  a  townhouse  in  which  to  hold  elec- 
tions, store  road-machinery,  hold  meetings  of  township  officers,  and 
for  other  township  uses. 

Drafted  from  S  ....  1.  Act  of  Jnne  26,  1895,  P.  !  .  324. 

For  other  provisions  relating   to  this  subject  sec  appendix,   Sees.  1990  to 
2008,  '     lusive. 

Section  1221.  For  the  purpose  of  procuring  a  lot  of  ground  and 
erecting  a  building  thereon,  as  provided  in  the  preceding  section  of 
this  act,  the  commissioners  or  supervisors  may  borrow  money  at  a 
rate  of  interest  not  exceeding  six  per  centum  and  issue  bonds  there- 
for. 

(Amendment  of  May  lf5,  1921,  P.  L.  575). 
Drafted  from  Sec.  2,  Act  of  June  20,  1895,  P.  L.  324. 

The   above  amendment   eliminated   a  provision  limiting  the  amount  of  in- 
debtedness which  might  be  incurred. 

Section  1222.  Townships  of  the  first  or  second  class  may  enter 
upon  and  appropriate  private  property,  and  also  land  heretofore 
granted  or  dedicated  to  public  or  other  use,  within  the  limits  of  such 
township,  and  which  is  no  longer  used  for  the  purpose  for  which  tin 
same  was  granted  or  dedicated,  for  the  erection  thereon  of  a  town- 
hall,  hose-house,  lockup,  and  such  other  public  buildings  as  are  neces- 
sary for  public  purposes. 

Drafted  from  Sec   1,  Act  of  .tunc  10.  1901,  P.  L.  r>.V>.  as  amended  by  Sec. 
1.  Act  of  April  15,  1913,  P.  L.  Of,. 

Section  1222.  No  land  or  property  used  for  any  cemetery,  burying- 
Kround,  public  or  parochial  school,  educational  or  charitable  insti- 
tution,  seminary,  or  place  of  public  worship  shall  be  taken  or  ap- 
propriated by  virtue  of  any  power  contained  in  the  preceding  section. 

Drafted  from  part  of  See.  1.  Act   of  June  10.   1901,   1'.   L.  555,  as  amended 
by  See.  1.  Act  of  April  15,  1913,  P.  L.  6ft 

Section  1224.  Whenever  the  commissioners  or  supervisors  desire 
to  acquire,  enter  upon,  take.  use.  and  appropriate  private  property 


158 

or  lands  for  public  buildings,  they  shall  declare  such  intention  by  an 
ordinance  duly  enacted. 

Drafted  from  Sec.  1,  Act  of  June  10,  1901,  P.  L.  555,  aa  amended  by  Sec. 
1,  Act  of  April  15,  1913,  P.  L.  66. 

Section  1225.  The  compensation  and  damages  arising  from  such 
taking,  using,  and  appropriating  of  private  property  for  such  pur- 
poses shall  be  considered,  ascertained,  determined,  awarded,  and  paid 
in  the  manner  hereinafter  provided. 

Drafted  from  Sec  1,  Act  of  June  10,  1901.  I'.  L.  555,  as  amended  by  Sec. 
1.  Act  of  April  15,  1913,  P.  L.  66. 

Section  1226.  If  the  compensation  and  damages  arising  from  such 
taking,  using,  and  appropriating  of  private  property  cannot  be  agreed 
upon,  the  township  may  tender  its  bond  as  security  to  the  party 
claiming  or  entitled  to  damages,  or  to  the  attorney  or  agent  of  any 
absent  person,  or  to  the  agent  or  other  officer  of  a  corporation,  or  to 
the  guardian  or  committee  of  any  person  under  legal  incapacity. 
The  condition  of  such  bond  shall  be,  that  the  said  municipality  shall 
pay  or  cause  to  be  paid  such  amount  of  damages  as  the  party  is  en- 
titled to,  after  the  same  is  agreed  upon  or  assessed  by  viewers. 

Drafted  from  Sec.  2,  Act  of  June  10,  1901,  P.  D.  555. 

Sfvvion  1227.  In  case  the  party  claiming  damages  refuses  or  does 
not  accept  the  security  so  tendered,  the  township  shall  give  the  party, 
his,  or  their  agent,  attorney,  guardian,  or  committee  at  least  ten  days' 
written  notice  of  the  time  when  the  same  will  be  presented  to  the 
court  of  common  pleas  for  approval.  Thereafter  the  township  may 
present  its  bond  to  the  court.  When  approved  the  bond  shall  be  filed 
in  the  court  for  the  benefit  of  those  interested.  Eecovery  may  be  had 
thereon,  for  the  amount  of  damages  ascertained  or  finally  deter- 
mined, if  the  same  be  not  paid  or  cannot  be  collected,  by  execution 
on  the  judgment  in  the  issue  formed  to  try  the  question.  Upon  the 
approval  of  such  security,  the  township  may  enter  into  possession, 
take,  hold,  use,  and  enjoy  the  lands  for  the  purposes  aforesaid. 

Drafts!  from  Sec.  2,  Act  of  June  10,  1901,  P.  L.  555. 

Section  1228.  Whenever  the  commissioners  or  supervisors  desire 
to  take  any  lands  heretofore  granted  or  dedicated  to  a  use  or  purpose 
for  which  they  are  no  longer  used,  they  shall  pass  an  ordinance  de- 
claring such  intention,  and  shall  thereupon  petition  the  court  of 
common  picas  for  leave  to  file  the  bond  of  such  township  for  the 
purpose  of  securing  any  person  or  persons  who  may  be  injured  by 
the  taking  of  such  hinds.  The  court  sh;ill  thereupon  direct  notice 
to  lie  given  by  publication  in  at  least  two  newspapers  of  the  county. 
If  no  exceptions  are  filed  to  the  bond  on  or  before  the  day  fixed  in  the 


159 

notice,  the  court  shall  approve  the  same.  The  court  may  increase 
the  amount  of  the  bond,  and  hear  and  determine  all  exceptions  thai 
are  filed  against  the  approval  thereof.  Upon  the  approval  of  such 
bond,  the  commissioners  or  supervisors  may  enter  upon  and  take 
such  lands  for  the  purposes  of  erecting  public  buildings.  The  bond, 
which  shall  be  in  the  name  of  the  Commonwealth,  for  the  use  of  any 
person  or  persons  who  are  entitled  to  damage  by  reason  of  the  taking 
of  the  lands,  shall  remain  on  file  for  their  use  and  benefit. 

Drnftrd  from  Sea  3.  Act  of  June  10,  1901,  P.  L.  555. 

Section  122!).  In  case  the  compensation  for  damages,  accruing 
from  any  appropriation  under  the  provisions  of  section  twelve  hun- 
dred and  twenty-two  of  this  act.  has  not  been  agreed  upon  by  the 
parties  in  interest,  the  court  of  common  pleas,  or  any  law  judge 
thereof  in  vacation,  on  application  thereto  by  the  township  or  any 
person  interested  in  such  land  and  property,  or  any  person  damaged 
by  any  such  appropriation,  shall  appoint  three  viewers  from  the 
county  board  of  viewers,  and  appoint  a  time,  not  less  than  ten  nor 
more  than  twenty  days  thereafter,  when  the  viewers  shall  meet  upon 
the  property  and  view  the  same  and  the  premises  affected  thereby. 

Drafted  from  Sec.  4,  Act  of  June  10.  1001.  P.  L.  555. 

Section  1230.  The  viewers  may  be  appointed  before  or  at  any  time 
after  the  entry,  taking,  or  appropriation  of  any  property  to  be  used 
for  the  purpose  aforesaid.  They  shall  have  power  to  administer  oaths 
and  adjourn  their  hearings,  from  day  to  day.  as  they  find  necessary. 

Drafted  from  See.  6,  Act  of  June  10.  1901,  P.  L.  555. 

Section  1231.  The  viewers  shall  give  at  least  five  days'  notice  of 
the  time  of  their  first  meeting,  by  personal  service  upon  the  owners, 
agents,  attorneys,  or  representatives  of  such  property,  if  they  reside 
within  the  county;  otherwise,  by  handbills  posted  upon  the  premises, 
or  by  such  other  notice  as  the  court  shall  direct. 

The  viewers,  having  been  sworn  or  affirmed  faithfully,  justly,  and 
impartially  to  decide  and  true  report  to  make  concerning  all  matters 
and  things  to  be  submitted  to  them  in  relation  to  which  they  are 
authorized  to  inquire,  and  having  viewed  the  premises  or  examined 
the  property,  shall  hear  all  parties  interested  and  their  witnesses. 
and.  having  due  regard  to  the  advantages  and  disadvantages,  shall 
estimate  ami  determine  the  damages  for  the  property  taken,  used,  or 
appropriated,  and  to  whom  the  same  are  payable. 

They  shall  give  at   least   ten  days'  notice  thereof,  in  the  manner 
herein  provided,  to  all  parties  interested,  of  the  time  and  place  when 
the  viewers  will  meet  and  exhibit  their  report  and  hear  any  oxcep 
tions  thereto.     After  making  whatever  changes  are  necessary  and 


160 

proper,  the  viewers  shall  make  report  to  the  court  showing  the 
damages,  if  any  allowed,  and  shall  file  therewith  a  plan  showing 
the  properties  taken,  used,  and  appropriated,  and  the  names  of  the 
persons  to  whom  such  damages  are  payable. 

Drafted  from  See.  4,  Act  of  .Tune  10,  1901,  P.  L.  555. 

Section  1232.  When  the-  report  of  the  viewers,  or  any  two  of  them, 
is  filed  in  court,  any  party  may,  within  thirty  days  thereafter,  file 
exceptions  thereto.  The  court  may  confirm  the  report,  or  modify, 
change,  or  otherwise  correct  it,  or  refer  it  back  to  the  same  or  new 
viewers,  with  like  power  as  to  their  report.  Or,  within  thirty  days 
from  the  filing  of  any  report  in  court,  any  party  whose  property  is 
so  taken,  used,  or  appropriated  may  appeal  to  the  court  of  common 
pleas  and  demand  a  trial  by  jury.  Any  party  interested  therein 
may,  within  six  months  after  final  decree,  have  an  appeal  to  the 
Superior  or  the  Supreme  Court.  If  no  exceptions  are  filed  or  no 
demand  made  for  trial  by  jury  within  thirty  days  after  the  filing  of 
the  report,  the  same  shall  become  absolute.  The  court  may  order 
what  notices  shall  be  given  in  connection  with  any  part  of  said  pro- 
ceedings, and  may  make  all  such  orders  as  it  deems  requisite. 

I  drafted  from  See.  5,  Act  of  June  10.  1901,  P.  L.  555. 

The  time  limit  for  appeals  to  the  Supreme  and  Superior  Courts  has  been 
changed  from  thirty  days  to  six  months  in  accordance  with  the  opinion  of 
the  court  in  Scranton  Seicer,  213  Pa.  J/. 

See  also  Act    of  May  10,  1921,  P.  L.  428,  infra  Sec.  1743. 

Section  1233.  The  costs  of  the  viewers  and  all  court  costs  incurred 
in  the  proceedings,  including  advertising  and  printing  and  posting 
notices,  shall  be  defrayed  by  the  township. 

Drafted  from  Sec.  7,  Act  of  June  10,  1901,  P.  L.  555. 

Section  1234.  All  damages,  when  determined,  shall  be  assessed 
against  and  paid  by  the  township  so  taking,  using,  and  appropriating 
the  property. 

Drafted  from  Sec.  8,  Act  of  June  10,  1901,  P.  L.  555. 

Section  1235.  In  the  preparation  of  specifications  for  the  erection 
or  alteration  of  any  public  building,  when  the  entire  cost  of  such 
work  exceeds  one  thousand  dollars,  the  architect,  engineer,  or  per- 
son preparing  such  specifications  shall  prepare  separate  specifica- 
tions for  the  plumbing,  heating,  ventilating,  and  electrical  work,  and 
the  township  of  the  first  or  second  class  shall  receive  separate  bids 
upon  each  of  such  branches  of  work,  and  award  the  contract  for  the 
same  to  the  lowest  responsible  bidder. 

Drafted  from  See.  1.  Act  of  May  %,  1913,  P.  L.  155. 


Kil 

Section  L236.  In  letting  contracts  for  the  erect  ion  <>r  any  public 
buildings,  when  plans  and  specifications  for  the  same  are  submitted 
for  bids  they  shall  be  accompanied  by  a  list  of  quantities  of  materia] 
required  for  such  building,  t<»  be  prepared  and  furnished  by  the 
architecl  or  enginner  preparing  the  plans,  which  l>ill  <>r  list  shall  be 
attached  to  the  specifications.  No  such  list  of  material  shall  be 
taken  as  being  guaranteed  by  the  township  of  the  firsl  or  second 
class  submitting  such  plans  and  specifications. 

Drafted  from  Sec.  1.  Ah  of  July  2,  1895,  P.  L.  426. 


11 


162 


CHAPTER  XVII. 

PUBLIC    BUILDINGS. 
ARTICLE  II. 

IN  TOWNSHIPS  OF  THE  SECOND  CLASS. 

Section  1250.  The  board  of  supervisors  of  townships  of  the  second 
class  may.  after  obtaining  the  assent  of  the  electors  of  the  township, 
expressed  by  vote  at  an  election  to  be  held  at  the  place,  time,  and 
under  the  same  regulations  as  provided  for  the  holding  of  municipal 
elections,  build  and  maintain  a  suitable  place  for  the  purpose  of  in- 
carcerating criminals,  disorderly,  suspicious,  and  intoxicated  persons, 
until  they  can  be  dealt  with  according  to  law.  The  ballots  to  be  de- 
posited by  the  electors  shall  be  prepared  in  conformity  with  the  gen- 
eral election  law.  In  receiving  and  counting  and  in  making  returns 
of  the  votes  east  the  inspectors,  judges,  and  clerks  of  said  election 
shall  be  governed  by  the  laws  regulating  municipal  elections,  and  the 
vote  shall  be  counted  by  the  court  as  provided  by  the  general  law 
governing  municipal  election.  The  board  of  supervisors  shall  direct 
the  constable  of  the  township  to  issue  a  proclamation,  ten  days  prior 
to  the  date  of  the  municipal  election,  that  the  qualified  electors  will 
vote  "for  or  against  building  a  lockup."  Such  building,  when  erected, 
shall  be  under  the  care  of  the  board  of  supervisors. 

Drafted  from  Sec.  1,  Act  of  May  11,  1901.  P.  L.  169.  In  view  of  the  opinion 
in  McLwughlin  v.  Summit  Hill  Borough,  224  Pa-  4%5>  it  is  probable  that  the 
form  of  ballot  should  now  be  as  provided  by  Sec.  4,  Act  of  June  10,  1893, 
P.  L.  419,  as  amended  by  the  Act  of  April  29,  1903,  P.  L.  338.  For  this 
reason  it  was  herein  provided  that  the  ballot  shall  comply  with  the  general 
law. 


163 


CHAPTER  XVIII. 

LICENSES  AND  LICENSE  FEES. 

For  other  provisions  relating  to  this  subject,  see  appendix 
Sees.  2105  to  2112,  inclusive. 

ARTICLE  I. 

GENERAL   PROVISIONS. 

(a)     Transient  Merchants. 

Section  1260.  It  shall  be  unlawful  for  any  person,  copartnership, 
or  corporation,  without  a  license,  to  conduct  any  business,  in  any 
township  of  the  first  or  second  class,  the  whole  or  greater  part  of 
which  shall  consist  of  the  sale  of  goods  which  are  represented  or  ad- 
vertised to  be  the  goods  of  the  estate  of  any  bankrupt,  or  the  goods 
of  any  assignee,  or  a  person,  firm,  or  corporation  abont  to  go  out  of 
business,  or  goods  that  have  been  damaged  in  any  way. 

Drafted  from  Sec.  1.  Act  of  May  2,  1S99.  P.  L.  159,  and  Sec  1.  Act  of  May 
20,  1913,  P.  L.  227. 

Section  1261 .  The  provisions  of  the  preceding  section  of  this  article 
shall  not  prohibit  the  sale  of  any  goods  by  any  assignee,  trustee,  re- 
ceiver, or  other  officer  appointed  by  any  court  of  this  Common- 
wealth or  of  the  United  States,  acting  for  the  estate  of  any  such  bank 
rupt  or  other  person,  firm,  or  corporation,  within  the  limits  of  any 
township  of  the  first  or  second  class,  wherein  such  person,  firm  or 
corporation  conducted  business  or  had  the  goods  immediately  before 
the  appointment  of  such  assignee,  trustee,  receiver,  or  other  officer: 
or  the  sale  of  any  damaged  goods,  if  the  same  are  sold  Avithin  the 
limits  of  the  township  wherein  the  owner  conducted  business  or  had 
such  goods  at  the  time  the  same  became  damaged. 

Drafted  from  Ser.  1.  Art  of  May  2,  1899,  P.  L.  159,  and  Sec.  1,  Act  of  May 
-  20.  1913.  P.  L.  227. 

Section  1262.  The  license  provided  for  in  section  twelve  hundred 
and  sixty  of  this  act  shall  be  issued  by  the  treasurer  of  the  town- 
ship wherein  such  business  is  conducted.  The  license  fee  shall  be 
twenty-five  dollars  for  each  calendar  month  or  fraction  thereof,  and 
shall  be  for  the  use  of  the  school  fund  of  the  township.  The  license 
shall  be  renewed  monthly  during  the  time  such  person,  firm,  or  cor- 


164 

poration  shall  conduct  such  business,  and  shall  be  in  addition  to  all 
other  license  fees  and  taxes  imposed  by  the  Common wea  11  h  and  tbe 
township. 

Drafted  from  Sec.  1,  Act  of  May  2,  1899,  P.  L.  159,  and  See.  2,  Act  of  May 
20,  1913,  P.  L.  227. 

Section  1263.  Any  person,  association,  copartnership,  or  corpora- 
tion violating  any  of  the  provisions  of  sections  twelve  hundred  and 
sixty,  twelve  hundred  and  sixty-one,  and  twelve  hundred  and  sixty- 
two  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
ciction  thereof,  shall  be  sentenced  to  pay.  for  each  day  such  business 
is  conducted  without  a  license,  a  fine  of  not  more  than  two  hundred 
dollars. 

Drafted  from   Sec.  1.  Act  of  May  2.  1899,   P.   L.  159.  and   Sec.  3,  Act  of 
May  20,  1913.  P.  L.  227. 

(b)      Restrictions. 

Section  1270.  It  shall  be  unlawful  for  any  township  of  the  first  or 
second  class  to  levy  any  license  fee  or  merchantile  tax  upon  any 
persons  taking  orders  for  merchandise,  by  sample,  from  dealers  or 
merchants,  for  individuals  or  companies  who  pay  a  license  or  mer- 
cantile tax  at  their  chief  places  of  business.  Nothing  in  this  section 
shall  authorize  any  person  to  sell  by  retail  to  others  than  dealers  or 
merchants. 

Drafted  from  Sec.  1,  Act  of  May  17,  1883.  P.  L.  31- 

Section  1271.  It  shall  be  unlawful  for  any  township  of  the  first  or 
second  class  to  impose  or  collect  any  license  fee  upon  insurance  com- 
panies or  their  agents,  or  insurance  brokers,  authorized  to  transact 
business  under  an  act  approved  the  first  day  of  June,  nineteen  hun 
dred  and  eleven  (page  six  hundred  and  seven),  entitled  "An 
act  to  establish  an  Insurance  Department;  authorizing  the  appoint- 
ment of  an  Insurance  Commissioner,  and  prescribing  his  powers  and 
duties;  also  providing  for  the  licensing,  examination,  regulation,  and 
dissolution  of  insurance  and  surety  companies  and  associations,  and 
for  the  licensing  and  regulation  of  insurance  agents  and  insurance 
brokers;  also  providing  for  the  collection  of  fees,  and  prescribing 
penalties  for  the  violation  of  any  of  the  provisions  of  this  act;  and 
repealing  all  existing  acts." 

Draft,  a  from  Sec.  1,  Act  of  May  3,  1915,  P.  D.  217. 


165 


CHAPTER  XVIII. 

LICENSES  AND  LICENSE  FEES. 
ARTICLE  II. 

IN  TOWNSHIPS  OF  THE  FIRST  CLASS. 

Section  128U.  The  board  of  township  commissioners  of  townships 
of  the  lirst  class  may  enact  ordinances  requiring  licenses  to  be  taken 
out  annually  for  all  stages,  hacks,  carriages,  and  other  vehicles  used 
for  carrying  persons  or  property  for  hire  within  the  township,  and 
fixing  a  reasonable  annual  charge  for  such  licenses. 

Nothing  in  t his  section  shall  be  construed  to  repeal  <>r  modify  any 
of  the  provisions  of  the  Public  Service  Company  Law. 

Drafted  from  Sec.  1.  Acl  of  April   LI,  L903,  I'.  I-   K.I 

Section  L281.  The  said  ordinances  shall  be  enforced  as  other  town- 
ship ordinances,  and  the  ordinance  in  each  case  shall  specify  the 
manner  in  which  the  license  charges  are  to  be  collected. 

Drafted  from  ?ec.  2,  Act  of  April  11,  1903,  P.  L.  1CA. 


HI6 


CHAPTER  XIX 

PARKS,  SHADE-TREES  AND   FORESTS   IN   TOWNSHIPS   OF  THE 

FIRST  CLASS. 

ARTICLE  I. 

PARKS    AND    PLAYGROUNDS. 

For  other  provisions  relating   to  this  subject,   see   appendix,   Sees. 

2041    to   2051,  inclusive. 

Section  1295.  Townships  of  the  first  class  may  improve,  maintain, 
and  regulate  public  parks,  parkways,  and  playgrounds  within  the 
township  limits. 

Drafted  from  Sec.  3,  Act  of  May  3,  1909,  P.  L.  401. 

Section  1296.  Townships  of  the  first  class  may  enter  upon,  ap- 
propriate, and  acquire,  by  gift,  devise,  purchase,  lease,  or  otherwise, 
private  property,  for  the  purpose  of  making,  enlarging,  and  main- 
taining public  parks,  parkways,  and  playgrounds.  The  provisions  of 
this  section  shall  not  authorize  the  appropriation  of  private  property 
outside  the  township  limits,  nor  the  appropriation  of  any  property 
belonging  to  or  used  as  a  cemetery  or  place  of  public  worship,  or  any 
public  or  parochial  school,  or  other  educational  or  charitable  institu- 
tion or  seminary. 

Drafted  from  See.  1,  Act  of  May  3.  1909,  I'.  L.  401,  as  amended  by  Sec.  1, 
Ad  of  May  20,  191::.   P.   L    2.~>7. 

Section  1297.  No  appropriation,  purchase,  or  lease  shall  be 
made,  pursuant  to  the  preceding  sections  of  this  article,  whereby  any 
township  of  the  first  class  shall,  within  any  period  of  three  years 
obligate  itself  to  pay,  in  the  aggregate,  any  sum  exceeding  one  ami 
one-half  mills  on  the  dollar  on  the  assessed  valuation  of  all  property, 
offices,  professions,  and  persons  in  the  township,  without  the  consent 
of  a  majority  of  the  electors  obtained  as  hereinafter  provided. 

Drafted  from  Sec.  1.  Act  of  May  3.  1909,  P.  L.  401,  as  amended  by  Sec.  1, 
A.t  of  May  20.  1913,  P.  D.  257. 

Section  1298.  Whenever  any  township  of  the  first  class,  shall,  by 
ordinance,  provide  for  the  appropriation,  purchase,  or  leasing  of 
private  property,  for  the  purposes  aforesaid,  and  the  value  of  such 
propertv  or  the  rental  thereof  shall,  alone  or  when  added  to  the 
amount  of  liability  incurred  for  any  of  the  purposes  aforesaid  within 
the  preceding  three  years,  exceed  one  and  one-half  mills  on  the  dollar 


167 

of  valuation,  as  provided  in  the  proceeding  section,  the  township 
commissioners  shall  cause  the  question  of  such  appropriation,  pur- 
chase, or  Leasing  to  be  submitted  to  the  electors  of  the  township  a1 
the  municipal  or  general  election  next  occurring  after  the  expiration 
<>f  forty  days  from  the  date  of  such  ordinance. 

Drafted  from  Sec.  2,  An  of  May  3,  l!>e!i.  P.  1..  loi.  The  limitation  of 
three  thousand  dollars  was  changed  to  one  and  one-half  mills  on  the  valuation 
to  correspond  to  the  amendment  of  Sec.  1,  by  the  A.ct  "!'  .May  20,  191.*!.  I'. 
L.  257. 

Section  1299.  The  townships  commissioners  shall  give  notice  of 
the  proposed  submission  of  such  question  by  weekly  advertisements, 
in  not  nore  than  three  newspapers  published  in  the  township.  I'm-  a 
period  of  four  weeks  immediately  preceding  the  day  of  election,  and," 
if  no  newspapers  are  published  therein,  by  twenty  printed  handbills 
posted  in  conspicuous  places  at  least  twenty-one  days  prior  to  such 
election. 

I 'raft. m1  from  See.  1'.  Act  of  May  ::    1909,  P.  L.  401. 

Section  1300.  For  the  purpose  of  having  such  question  appear  upon 
the  bailot.  the  township  commissioners  shall  certify  the  question  to 
the  county  commissioners  at  least  twenty-one  days  before  the  day 
of  the  election.     The  question  may  be  stated  substantially  as  follows: 

Shall  the  township  of acquire  by  purchase  or  condem- 
nation, or  both,  at  a  price  not  exceeding dollars  (or  by 

lease  for  not  more  than   years,  at  an  annual  rental  of 

not   more   than dollars  i,    property    for    the   purpose   of 

making  (or  of  enlarging )  public  parks,  parkways,  and  playgrounds 
within  the  localitv  bounded  by 

The  council  may.  at  their  discretion,  omit  the  designation  of  the 
locality. 

Drafted  from  Sec.  2,  Art  of  May  ::.  1909,  P.  L.  401. 

Section  1301.  The  result  of  the  vote  on  such  question  shall  be 
ascertained  and  certified  in  the  same  manner  as  the  vote  on  the  election 
of  officers  named  on  the  same  ballots.  Xo  such  question,  determined 
negatively  by  the  voters,  shall  be  again  submitted  until  one  municipal 
or  general  election  shall  intervene. 

1  (rafted  from  See  I!.  Ad  of  Maj  3,  1909.  P.  !..  401. 

Section  1302.  The  appropriation  of  private  property  for  the  pur 
pose  of  making,  enlarging,  and  maintaining  public  parks,  parkways, 
and  playgrounds  is  declared  to  be  the  taking  of  private  property 
for  public  use.  and  for  all  damage  suffered  by  the  owners  of  any  prop- 
erty so  taken  the  funds  of  the  township  raised  by  taxation  shall  be 
pledged  as  security. 

Drafted  from  See.  4.  Act  of  May  3,  1909,  P.  I..  401. 


168 

Section  1303.  Whenever  compensation  for  the  damages  arising 
from  such  apropriation  cannot  be  agreed  upon,  the  township  of  the 
tirst  class  ma}'  tender  its  bond,  as  security  to  the  party  claiming  or 
entitled  to  any  damages,  or  to  the  attorney  or  agent  of  any  person 
absent,  or  to  the  agent  or  other  officer  of  a  corporation,  or  to  the 
guardian  or  committee  of  any  person  under  legal  incapacity.  The 
condition  of  such  bond  shall  be,  that  the  township  shall  cause  to  be 
paid  such  amount  of  damages  as  the  party  shall  be  entitled  to  receive, 
after  the  same  have  been  agreed  upon  or  assessed. 

Drafted  from  Sec.  1'.  Act  of  June  S.  1895,  1".  L.  188. 

Section  1304.  Whenever  any  party,  claiming  damages  for  prop- 
erty taken  under  the  provisions  of  the  preceding  sections  of  this 
article,  refuses  or  neglects  to  accept  the  security  so  tendered,  the 
township  of  the  hist  class  may,  upon  ten  days'  written  notice  given 
to  the  party,  his  agent,  attorney,  guardian,  or  committee,  present  its 
bond  to  the  court  of  common  pleas.  If  approved,  the  bond  shall  be 
tiled  for  the  benefit  of  those  interested,  and  recovery  may  be  had 
thereon,  for  the  amount  of  damages  ascertained  or  finally  determined, 
if  the  same  be  not  paid,  by  an  execution  on  the  judgment  in  the  issue 
formed  to  try  the  question.  Upon  the  approval  of  such  security,  the 
township  may  enter  into  possession,  hold,  and  use  such  land. for  such 
purposes. 

Drafted  from  Sec.  2.  Act  of  June  8,  1895,  P.  L.  188. 

Section  1305.  Whenever  any  township  of  the  first  class  appro- 
priates private  property  under  the  provisions  of  this  article,  and  is 
unable  to  agree  with  the  owners  or  lessees  for  the  amount  of  compen- 
sation, or  whenever,  by  reason  of  the  absence  or  legal  incapacity  of 
any  owner  or  lessee,  no  such  compensation  can  be  agreed  upon,  the 
court  of  common  pleas,  or  any  law  judge  thereof  in  vacation,  on 
application  thereto  by  the  township  or  any  person  interested,  shall 
appoint  three  viewers  from  the  county  board  of  viewers,  and  shall 
designate  a  time,  not  less  than  twenty  nor  more  than  thirty  days 
thereafter,  when  the  viewers  shall  meet  upon  the  property  and  view 
the  same. 

Drafted  from  *<■<:  5,  Act  of  May  ."..  1909,  P.  L.  401. 

Section  1306.  The  viewers  may  be  appointed  before  or  at  any  time 
after  the  entry  upon,  taking,  or  appropriation  of  any  property. 

The  poAvers  and  duties  of  the  viewers  may  be  exercised  and  per- 
formed by  any  two  of  them.  They  shall  have  power  to  administer 
oaths,  and  to  adjourn  their  hearings  from  day  to  day,  as  they  find 
necessary.  The  notices  required  to  be  given  by  the  viewers  may  be 
served  by  any  one  authorized  by  them  to  make  such  service. 

Drafted  from  Sec.  11,  Act  of  May  3,  1909,  P.  L.  401. 


169 

Section  1307.  The  viewers  sliall  give  ten  days'  notice  of  the  time 
and  place  of  their  lirst  meeting,  to  the  owners  of  the  property,  their 
agents,  attorneys,  or  representatives,  by  writing  served,  if  they  re 
side  within  the  county,  in  the  same  manner  as  the  Bervice  of  summons 
in  persona]  actions;  otherwise,  by  handbills  posted  upon  the  prem- 
ises, or  by  such  other  notice  as  the  court  may  prescribe. 

Drafted  from  Sec.  5,  Act  of  May  3,  1909,  P.  L.  401.     The  words  "tbeir 
agents,  attorneys,  or  represetatinves"  was  added  as  new  mutter. 

Section  1308.  The  viewers,  having  been  sworn  rr  affirmed  faith 
fully,  justly,  and  impartially  to  decide  and  true  report  to  make  con 
cerning  all  matters  to  be  submitted  to  them  in  relation  to  which 
they  are  authorized  to  inquire,  and  having  viewed  the  premises  or 
examined  the  property,  shall  hear  ;ill  parties  interested  and  their 
witnesses,  and,  having  due  regard  to  the  advantages  and  disadvant- 
ages, shall  estimate  and  determine  the  damages  for  property  taken, 
used,  or  appropriated,  and  to  whom  the  same  are  payable. 

Drafted  from  Sec.  G,  Act  of  May  3,  1909,  P.  L.  401. 

Section  1309.  Ilaving  so  estimated  and  determined  the  damages, 
the  viewers  shall  prepare  a  schedule  thereof,  and  give  notice,  in  the 
manner  provided  in  section  thirteen  hundred  and  seven  of  this  act, 
to  the  parties  interested,  of  a  time,  not  less  than  ten  days  there- 
after, and  of  a  place  where  they  will  meet  and  exhibit  such  schedule, 
and  hear  all  exceptions  thereto  and  evidence.  After  making  what 
ever  changes  are  necessary,  the  viewers  shall  report  to  the  court 
showing  the  damages  allowed,  if  any.  and  to  whom  payable.  They 
shall  file  with  such  report  a  plan  showing  the  properties  taken,  used, 
ami  appropriated. 

Drafted  fmm  Sec.  (\,  Act  of  May  3.  1000.  P   L.  401. 

Section  1310.  When  such  report  is  first  filed  in  court  the  pro- 
thonotary  shall  mark  the  same  confirmed  nisi.  and.  in  case  no  ex- 
ceptions are  filed  thereto  and  no  appeal  to  a  jury  is  taken  within 
thirty  days,  he  shall  enter  a  decree  as  of  course  that  the  report  is 
confirmed  absolutely. 

Tf  exceptions  are  filed  which  affect  the  entire  report,  it  shall  not 
be  confirmed  absolutely  as  to  any  part  thereof  until  the  exceptions 
have  been  finally  disposed  of  by  the  court.  When  exceptions  are  filed 
that  only  go  to  or  affect  some  particular  assessment  of  damages,  and 
which  in  the  consideration  and  final  disposal  thereof  will  not  affect 
the  assessments  made  in  favor  of  other  parties,  and  when  any  appeal 
or  appeals  may  have  been  taken  to  the  court  of  common  pleas,  with 
demand  for  trial  by  jury,  by  less  than  all  of  the  parties  having  a 


170 

right  to  take  such  appeals,  the  coin!  may  confirm  all  assessments  to 
which  no  except  ions  have  been  tiled  or  appeal  taken. 

Drafted  from  Sec.  8,  Ad  of  May  •':.  1909,  1     L.  401. 
See  also  Act  of  May  10,  1921,  P.  L.  428,  Sec.  1743. 

Section  1311.  When  such  report  is  filed,  notice  thereof  shall  he 
given  within  ten  days,  by  publication  mice  in  a  newspaper  published 
in  the  county-seat  of  the  county.  Such  notice  shall  state  the  date  of 
filing  the  report  ami  shall  contain  a  schedule  of  the  damages  shown 
therein.  It  shall  further  state  that,  unless  exceptions  are  filed  or  an 
appeal  to  a  jury  taken  within  thirty  (Jays  from  the  date  of  filing, 
the  report  will  be  confirmed  absolutely. 

Drafted  from  Sec.  7.  Act  of  May  3,  1909,  P.  L.  401,  with  the* addition  of  "an 
appeal  to  a  jury"  inserted  in  the  last  sentence. 

Section  1312.  Upon  the  report  of  the  viewers  being  filed  in  court, 
any  party  may,  within  thirty  days  thereafter,  file  exceptions  thereto. 
The  court  may  confirm  the  report,  or  modify,  change,  or  otherwise 
correct  it,  or  refer  it  back  to  the  same  or  new  viewers,  with  like 
power  as  to  their  report. 

Drafted  from  Sec.  8,  Act  of  May  3,  1901,  P.  D.  401. 

Section  1313.  Within  thirty  days  from  the  filing  of  any  report  in 
court,  any  party  whose  property  is  so  taken,  used,  or  appropriated 
may  appeal  to  the  court  of  common  pleas  and  demand  a  trial  by 
jury.  In  case  the  party  appellant  does  not  obtain  a  verdict  more 
favorable  than  the  final  report  of  viewers  he  shall  nott  recover  any 
costs  on  the  appeal. 

Drafted  from  Sec.  9.  Act  of  May  3,  1909,  P.  L.  401. 
See  also  Act  of  May  10,  1921,  P.  L.  428,  Sec.  1743. 

Section  1314.  From  such  confirmation  of  the  viewers'  report,  and 
from  final  judgment  on  the  verdict  in  the  case  of  a  trial  by  jury, 
either  party  may  have  an  appeal  to  the  Superior  Court  or  Supreme 
Court. 

Drafted  from  Sec.  in.  Art  of  May  3.  1900,  P.  L.  401. 

Section  1315.  The  court  of  common  pleas  may  order  what  notices 
shall  be  given  in  connection  with  any  part  of  said  proceedings  and. 
make  all  orders  it  deems  requisite,  and  may.  by  rule  or  otherwise, 
prescribe  the  form  of  the  pleadings. 

The  costs:  incurred  in  the  proceedings  shall  be  defrayed  by  the 
township. 

Drafted  from  Sec,  11.  Acl  of  May  3.  1900.  p,  L.  401, 


171 

Section  L316.  The  final  confirmation  of  the  report  of  viewers  shall 
operate  as  ;i  judgraenl  against  the  township,  in  favor  of  the  party  to 
whom  damages  have  been  awarded  by  the  report,  or  by  so  much  of 
the  report  as  is  confirmed,  fnteresl  is  allowed  on  such  judgmenl 
from  the  date  of  filing  the  report. 

Drafted  from  Sec.  10,  An  of  May  3,  1909,  P.  L.  K)l. 

Sect  ion  L317.  Whenever  any  township  of  the  first  class  repeals 
any  ordinance  or  discontinues  any  proceeding  taken  providing  for 
the  appropriation  of  property  under  this  article,  prior  to  the  entry 
upon  or  injury  to  such  property,  and  within  thirty  days  after  the 
filing  of  the  report  of  viewers  assessing  damages,  the  township  shall 
not  thereafter  be  liable  to  pay  any  damages  which  have  been  or 
might  have  been  assessed;  but  the  cost  upon  any  proceeding  had 
thereon  shall  be  paid  by  the  township,  together  with  the  actual  dam 
age  sustained  by  reason  of  such  proceeding. 

Drafted  from  Sec.  12.  Act  of  May  :;,  1909,  I'.  L.  401. 


172 


CHAPTER  XIX. 

PARKS,  SHADE-TREES  AND   FORESTS   IN   TOWNSHIPS   OF  THE 

FIRST  CLASS. 

ARTICLE  II. 

SHADE-TREE   COMMISSION. 

Section  1330.     Townships  of  the  first  class  may  establish  a  com 
mission  to  be  known  as  the  Shade-Tree  Commission  of  such  township. 

Drafted  from  Sec.  1,  Act  of  May  31,  1907,  P.  L.  349. 

Section  1331.  The  commission  shall  be  composed  of  three  free- 
holders of  the  township  of  the  first  class,  who  shall  be  appointed  by 
the  township  commissioners  and  shall  serve  without  compensation. 

Whenever  a  shade-tree  commission  is  established  by  any  township 
of  the  first  class,  the  township  commissioners  shall  appoint  three 
freeholders — one  for  a  term  of  three  years,  one  for  a  term  of  four 
years,  and  one  for  a  term  of  five  years. 

On  the  expiration  of  the  term  of  any  shade-tree  commissioner,  a 
successor  shall  be  appointed  by  the  township  commissioners,  to  serve 
for  a  term  of  five  years. 

Vacancies  in  the  office  of  shade-tree  commissioner  shall  be  filled  by 
the  township  commissioners,  for  the  unexpired  term. 

Drafted  from  Sees.  1  and  2,  Act  of  May  31,  1907.  P.  L.  349. 

Section  1332.  Whenever,  in  any  township  of  the  first  class,  there 
exists  a  commission  for  the  care  of  public  parks,  the  township  com 
missioners  may,  by  a  majority  vote,  accept  the  provisions  of  this  ar- 
ticle so  far  as  it  relates  to  the  subject  of  the  shade-tree  commission, 
and  thereafter  the  park  commission  shall  have  all  the  powers  and  be 
subject  to  all  the  duties  prescribed  by  this  article  for  the  shade-tree 
commission. 

Drafted  from  Sec.  1.  Act  of  May  31,  1907,  P.  L.  349. 

Section  1333.  The  commission  shall  have  exclusive  custody  and 
control  of  the  shade-trees  in  the  township  of  the  first  class,  and  is 
authorized  to  plant,  remove,  maintain,  and  protect  shade-trees  on  the 
public  highways  in  the  township. 

Drafted  from  Sec.  1.  An  ,,f  May  Ml.  1907,  P.  L.  349. 

Section  1334.  The  commission  may  employ  and  pay  such  superin- 
tendents, engineers,  foresters,  tree-wardens,  or  other  assistants,  as 
the  proper  performance  of  the  duties  developing  upon  it  shall  require, 


173 

and  may  make,  publish  ami  enforce  regulations  for  the  care  and  pro- 
tection of  the  shade  trees  of  the  township  of  the  lirst  class.    No  such 
regulation  shall  be  in  Force  until  it   has  been  approve:!   ■)    tbe  town 
ship  commissioners  and  until  ii  has  been  published  ai  leasl  twice  in 
<nic  or  two  newspapers  of  the  township. 

Drafted  From  Sec.  6,  An   of  May  31,  1907,   P.   L.  349. 

Section  1335.  The  shade-tree  commission  shall  annually  report  in 
full  to  the  township  commissioners  its  transactions  and  expenses  for 
the  last  fiscal  year  of  the  township  of  the  first  class.  The  park  com- 
mission, in  townships  accepting  this  article,  may  incorporate  such 
transactions  and  expenses  in  its  regular  report  to  the  township  com- 
missioners. 

Drafted  from  Sec.  2,  An   of  May  31,  1907,   P.   L.  349. 

Section  L336.  Whenever  any  shade-tree  commission  or  park  com- 
mission, in  townships  of  the  first  class  accepting  this  article,  proposes 
to  plant,  transplant,  or  remove  shade-trees  on  any  highway,  notice  of 
the  time  and  place  of  meeting  at  which  such  work  is  to  be  considered 
shall  be  given  in  one  or  more  newspapers  published  in  the  township, 
once  a  week  for  two  weeks,  immediately  preceding  the  time  of  tin- 
meeting.  The  notice  shall  specify  in  detail  the  highways,  or  portions 
thereof,  upon  which  trees  are  proposed  to  be  so  planted,  replanted,  or 
removed. 

Drafted  from  Sec.  3,  Art  of  May  31,  1907,  P.  L.  349. 

Section  1337.  The  cost  of  planting,  transplanting,  or  removing 
any  shade-trees  in  the  highways  of  the  township  of  the  first  class,  of 
the  necessary  and  suitable  guards,  curbing,  or  grading  for  the  pro- 
tection 1  hereof,  and  of  the  replacing  of  any  pavement  or  sidewalk 
necessarily  disturbed  in  the  execution  of  such  work,  shall  lie  paid  by 
the  owner  of  the  real  estate  in  front  of  whose  property  the  work  is 
done. 

The  amount  each  freeholder  is  to  pay  shall  be  ascertained  and  cer- 
tified by  the  commission  to  the  township  commissioners  and  to  the 
township  treasurer. 

Drafted  from  Sec.  4,  Act  of  May  31,  1907.  P.  L.  349. 

Section  1338.  Upon  the  filing  of  the  certificate  with  the  township 
commissioners,  the  township  secretary  shall  cause  thirty  days' 
written  notice  to  l>e  given  to  the  persons  against  whose  property  an 
assessment  has  been  made.  The  notice  shall  state  the  amount  of  the 
assessment  and  the  time  and  place  of  payment,  and  shall  be  accom- 
panied by  a  copy  of  the  certificate. 

The  amount  assessed  against  the  real  estate  shall  be  a  lien  from 
the  time  of  the  filing  of  the  certificate  with  the  township  commis 


174 

sioners,  and,  if  not  paid  within  the  time  designated  in  the  notice,  a 
claim  may  be  filed  and  collected  by  the  township,  in  the  same  manner 
as  municipal  claims  are  filed  and  collected. 

Drafted  from  See.  4,  Art  of  May  31,  1907,  P.  L.  349,  with  slight   variation 
us  to  the  method  of  collecting  claims. 

Section  1839.  The  cost  and  expenses  of  caring-  for  such  trees  after 
having  been  planted,  and  the  expense  of  publishing  the  notice  pro- 
vided in  the  preceding  section,  shall  be  paid  by  the  township. 

The  needed  amount  shall  each  year  be  certified  by  the  shade-tree 
commissioners  to  the  township  commissioners,  and  shall  be  drawn 
against  as  required  by  the  commission,  in  the  same  maniter  as  money 
appropriated  for  township  purposes. 

The  township  commissioners,  instead  of  levying  the  tax  authorized 
by  section  three  hundred  and  ninety-seven  of  this  act,  may  provide 
for  the  expense  of  caring  for  trees  already  planted,  and  of  publish- 
ing the  notice  required  by  the  preceding  section,  by  appropriations 
equal  to  the  amount  certified  to  be  required  by  the  shade-tree  com- 
mission. 

Drafted  from  Sec.  5,  Ah  of  May  31,  1907,  P.  L.  349. 

Section  1340.     The  commission  may  assess  penalties  for  the  viola 
lion  of  its  regulations,  and  of  this  article  so  far  as  it  relates  to  shade- 
trees.     Any  penalty  so  assessed  shall  be  a  lien  upon  the  real  estate 
of  the  offender,  and  may  be  collected  as  municipal  claims  are  col- 
lected. 

1  drafted  from  Sec.  6,  Act  of  May  31,  1907.  P.  L.  349. 

Section  1341.  All  penalities  or  assessments  imposed  under  this 
article  shall  be  paid  to  the  township  treasurer,  to  be  placed  to  the 
credit  of  the  shade-tree  commission,  subject  to  be  drawn  upon  by 
the  commission  for  the  purposes  of  the  preceding  sections  of  this 
article. 

Drafted  from  Sec.  7,  Act  of  May  31,  1907,  P.  L.  349. 


I  0 


CHAPTER  XIX. 

PARKS,   SHADE-TREES   AND   FORESTS   IN   TOV/N3HIPS   OF  THE 

FIRST  CLASS. 

ARTICLE  III. 

FORESTS. 

For  other  provisions  relating  to  th.'s  subject,  see  appendix 
Sees.  2041  to  2051,  inclusive. 

Section  L355.  Townships  of  the  firsl  class  may  acquire  by  pur 
chase,  gift,  or  lease,  and  hold,  tracts  of  land  covered  whli  forest  oi 
tree  growth,  or  suitable  I'm-  the  growth  of  trees,  and  administer  the 
same  under  the  direction  of  the  Commissioner  of  Forestry,  in  ac- 
cordance with  the  practices  and  principles  of  scientific  forestry,  for 
the  benefit  of  the  township.  Such  tracts  may  be  of  any  size  suitable 
for  the  purpose  and  may  be  located  within  or  without  the  township 
limits. 

Drafted  from  Sec.  1.  Act  of  April  22,  1!»i>!>.  1".  L.  124. 

Section    L356.     Before  the   passage  of  any  ordinance   for   the  ac- 
quisition of  land  to  be  used  as  township  forests,  the  township  com 
missioners  shall  submit  to  the  Commissioner  of  Forestry,  and  secure 
his  approval,  of  the  area  and  location  of  such  land. 

Drafted  from  Sec.  1.  Act  of  April  22,  1900,  P.  L.   124. 

Section   L357.     Whenever  the  township  commissioners  deem  it  ex 

pedient  to  acquire  any  lands  lot-  forests  they  shall  so  declare  in  an 
ordinance,  wherein  shall  be  set  forth  all  facts  and  conditions  re- 
lating to  the  proposed  action,  which  proposed  ordinance  shall  be 
advertised  once  a  week  for  three  weeks  prior  to  its  passage. 

Drafted  from  Sec.  i!.  Act  of  April  L'^.  1909,  I'.  L.  124. 

Section  L358.  All  money  necessary  for  the  purchase  of  such  tracts 
shall  be  appropriated  in  the  same  manner  as  appropriations  for 
township  purposes,  and  such  funds  may  be  provided  from  the  current 
revenue,  or  by  the  proceeds  of  a  sale  of  bonds  in  accordance  with 
existing  law. 

Drafted  from  See.  2.  Act.  of  April  22,  10o<t.  i>.  L.   124. 

Section  1359.  Upon  the  acquisition  of  any  forests  or  lands  suit- 
able for  forests,   the  township  commissioners  shall   notify  the  Com- 


'     176 

missioner  of  Forestry,  who  shall  make  such  rules  for  the  government 
and  proper  administration  of  the  same  as  may  be  necessary;  and  the 
commissioner  shall  publish  such  rules,  declare  the  uses  of  the  forest 
in  accordance  with  the  intent  of  this  article,  and  make  such  pro- 
visions for  its  administration,  maintenance,  protection,  and  develop- 
ment as  shall  be  necessary  or  expendient.  The  rules  governing  the 
administration  of  such  forests  shall  have  for  their  main  purpose  the 
producing  of  a  continuing  township  revenue  by  the  sale  of  forest 
products. 

Drafted  from  Sees.  3  and  5,  Act  of  April  22,  1009,  P.  L.  124. 

Section  13G0.  All  moneys  necessary  to  be  expended*  for  the  ad- 
ministration, maintenance,  protection,  and  development  of  such  for- 
ests shall  be  appropriated  and  applied  as  is  now  done  for  township 
purposes.  All  revenue  and  emoluments  arising  from  such  forests 
shall  be  paid  into  the  township  treasury,  to  be  used  for  general  town- 
ship purposes. 

Drafted  from  See   4.  Act  of  April  22,  1909,  P.  L.  124. 

Section  1361.  Township  forests  may  be  used  by  the  public  as 
general  outing — or  recreation — grounds,  subject  to  the  rules  govern- 
ing their  administration. 

Drafted  from   Sec.  5,  Act  of  April  22,   1909,   P.  L.   124. 

Section  1362.  Whenver  the  township  commissioners  deem  it  ex- 
pedient to  alienate  any  forest,  or  part  thereof,  they  shall  so  declare 
in  an  ordinance,  wherein  shall  be  set  forth  all  the  facts  and  condi- 
tions relating  to  the  proposed  action,  which  proposed  ordinance 
shall  be  advertised  once  a  week  for  three  wreeks  prior  to  its  passage. 
No  ordinance  shall  be  effective  in  legalizing  such  alienation  until 
it  has  been  approved  by  a  majority  vote  of  the  people  at  the  next 
ensuing  election. 

Drafted  from  Sec.  6,  Act  of  April  22,  1909,  P.  L.  124. 


177 


CHAPTER  XX. 

ENFORCEMENT  OF  ORDINANCES  OF  TOWNSHIPS  OF  THE 

FIRST  CLASS. 

ARTICLE  I. 

Section  1380.  The  policemen  of  townships  of  the  tirst  class  may, 
without  warrant,  and  upon  view,  arrest  and  commit  for  hearing  all 
persons  guilty  of  a  breach  of  the  peace,  vagrancy,  riotous  or  dis- 
orderly conduct  or  drunkenness,  or  engaged  in  the  commission  of 
any  unlawful  act  tending  to  imperil  the  personal  security  or  en- 
danger the  property  of  thte  citizens,  or  violating  any  ordinances  of 
the  township  for  the  violation  of  which  a  tine  or  penalty  is  imposed. 
Any  person  arrested,  with  or  without  warrant,  shall  he  entitled  to  a 
trial  and  to  give  bail  for  his  or  her  or  their  appearance,  according 
to  the  practice  in  summary  convictions. 

I  drafted  from  Sec  1.  Act  of  June  10,  1901,  P.  L.  551. 

Section  1381.  All  proceedings  for  the  violation  of  township  ordin- 
ances, and  for  the  collection  of  tines  and  penalities  imposed  thereby, 
may  be  commenced  by  warrant  or  by  summons,  at  the  discretion  of 
the  justice  of  the  peace  before  whom  the  proceeding  is  begun.  No 
warrant  shall  be  issued  except  upon  complaint,  on  oath  or  affirmation, 
specifying  the  ordinance  for  the  violation  of  which  the  same 
is  issued.  All  proceedings  shall  be  directed  to  and  be  served 
by  any  policeman  or  constable  of  the  township,  who  shall  execute 
the  same  anywhere  within  the  State  as  may  be  provided  by  law. 
\Yarrants  shall  be  returnable  forthwith,  and,  upon  such  return,  like 
proceedings  shall  be  had  in  all  cases  as  in  summary  convictions, 
with  the  same  right  of  appeal  from  any  final  judgment  entered  there- 
in, except  where  otherwise  provided  by  existing  laws. 

Drafted  from  Sec.  i'.  Act  of  June  10,  1001,  P.  L.  551. 

Section  1382.  When  any  person  is  arrested  on  view,  a  complaint, 
on  oath  or  affirmation,  shall  be  immediately  made,  whereupon  the 
like  proceedings  shall  be  had  as  upon  a  warrant  issued. 

Drafted  from  Sec.  _.  Ad  of  .June  10,  1901.  P.  L.  551. 

Section  1383.  All  lines  or  penalities  for  the  violation  o#f  township 
ordinances  shall  be  paid  over  to  the  township  treasurer. 

Drafted  from  Sec  2,  Act  of  June  10,  1901-  P.  L.  551. 


12 


178 

Section  1384.  Any  person  arrested  for  the  violation  of  a  town- 
ship ordinance  may  be  committed  to  the  township  lockup  pending  ;i 
hearing  or  trial.  In  case  there  is  no  suitable  lockup  or  place  in 
which  to  detain  prisoners,  the  person  arrested  may  be  committed 
to  the  county  jail.  Upon  judgment  against  any  person  by  summary 
conviction  or  by  proceedings  by  summons,  on  default  of  payment  of 
tine  or  penalty  imposed  by  said  judgment  and  the  cost,  the  defendant 
may  be  sentenced  and  committed  to  the  township  lockup  for  a  period 
not  exceeding  five  days,  or  to  the  county  jail  for  a  period 
not  exceeding  thirty  days.  No  Jine  or  penalty  shall  exceed  one  hun- 
dred dollars  for  any  single  violation  of  any  ordinance.  In  case  the 
defendant  has  goods  or  property  of  any  kind  whatsoever,  out  of 
which  said  judgment  and  costs  can  be  collected  by  execution,  capias, 
or  other  process,  the  plaintiff  in  the  action  may  elect  to  proceed  to 
collect  the  said  judgment  by  such  proceedings. 

I  >rafted  from  Sec.  8,  Act  of  June  10,  1901,  P.  L.  551. 

Section  1385.  "When  a  prisoner  is  committed  to  any  county  jail 
or  prison,  either  for  the  nonpayment  of  a  tine  or  penalty  imposed 
for  the  violation  of  any  ordinance  of  ;i  township  of  the  first  class, 
or  while  awaiting  a  hearing  upon  any  charge  for  the  violation  of  any 
ordinance  of  a  township  of  the  first  class,  the  costs  of  proceedings 
and  the  expenses  of  maintaining  such  prisoner  during  his  confin- 
ment  by  virtue  of  any  such  commitment  shall  be  paid  by  the  town- 
ship whose  ordinances  were  alleged  to  have  been  violated  or  to  which 
any  such  fines  or  penalities  are  payable.  The  county  shall  not  be 
liable  to  the  sheriff  for  any  maintenance  or  to  any  officer  or  person 
for  any  costs. 

Drafted  from  Sec.  1.  Act  of  June  7.  1911,  P.  L.  077. 


179 


CHAPTER  XXI. 

ACTIONS  BY  AND  AGAINST  TOWNSHIPS. 

For  other  provisions   relating   to   this  subject  see   appendix 
Sees.  2123  to  2130,  inclusive. 

ARTICLE  I. 

Section  1395.  All  suifrkby  ;i  township  of  the  first  or  second  class 
shall  be  brought  and  conducted  by  the  township  commissioners  or 
township  supervisors.  In  all  suits  againsl  ;i  township,  process  shall 
Im-  served  upon  and  defense  made  by  the  township  commissioners  or 
supervisors. 

Drafted  from  Sec.  5,  Act  of  April  15,  1834,  P.  L.  537. 

Sect  inn  L396.  If  judgment  shall  be  obtained  against  a  township 
of  the  first  or  second  class  in  any  action  or  proceeding,  the  party 
entitled  to  the  benefit  of  such  judgment,  alter  having  complied  with 

the  provisions  of  the  act  of  April  twenty-second,  one  thousand  nine 
hundred  and  five  (Pamphlet  Laws,  two  hundred  and  ninety-six), 
entitled  "An  act  requiring  plaintiffs  in  judgments  obtained  before 
justices  of  the  peace  and  aldermen,  against  boroughs,  townships, 
and  school  districts,  to  file  in  the  office  of  the  prothonotary  of  the 
proper  county  certificates  giving  the  particulars  of  such  judgments: 
directing  the  prothonotaries  to  keep  a  record  of  such  certificates; 
providing  for  I  he  payment  by  such  municipalities  of  the  prothono- 
tary's  fee  for  such  service;  and  prohibiting,  in  case  of  noncompliance 
with  such  provisions,  the  subsequent  filing  of  any  transcript  of  said 
judgment  in  the  office  of  the  prothonotary,  and  the  use  of  the  magis- 
trate's record  or  transcript  thereof  as  evidence  to  enforce  or  collect 
said  judgment,"  may  have  execution  thereof  as  follows,  and  not  other- 
wise: viz.  The  court  in  which  such  judgment  is  obtained,  or  to 
which  such  judgment  is  removed  by  transcript  from  a  justice  of  the 
peace,  may  issue  thereon  a  writ  commanding  the  township  commis- 
sioners or  township  supervisors,  as  the  case  may  be,  to  cause  the 
amount  thereof,  with  the  interest  and  cosis.  to  he  paid  to  the  party 
entitled  to  the  benefit  of  such  judgment,  out  of  any  moneys  unap- 
propriated of  such  township-  or.  if  there  he  no  such  moneys,  out  of 
the  first  moneys  that  shall  he  received  for  the  use  of  such  township, 
and  may  enforce  obedience  to  such  writ  by  attachment. 

Drafted  from  Sees.  C  and  7.  Act  of  April  15.  1834.  P.  Iv.  537. 


180 

Section  1397.  Any  taxpayer  of  any  township  of  the  first  or  second 
class  may  inquire  into  the  validity  of  any  judgment,  upon  filing  a 
petition  with  the  court  of  common  pleas  of  the  county  in  which  such 
suit  is  pending  or  judgment  exists,  accompanied  by  an  affidavit  that 
the  taxpayer  believes  that  injustice  will  be  done  to  the  township  in 
such  suit  or  judgment.  Whenever  it  is  deemed  necessary  the  court 
may  order  such  taxpayer  to  tile  a  bond,  with  one  more  sureties,  to  be 
approved  by  court,  to  save  harmless  the  township  from  all  costs 
that  may  accrue  in  such  proceeding  subsequent  to  the  filing  of  such 
petition. 

Drafted  from  Sec.  1,  Act  of  March  SA,  187T,  P.  L.  20. 

Section  1398.  Whenever  a  judgment  is  rendered  by  any  justice  of 
the  peace  or  alderman  against  any  township  of  the  first  or  second 
class,  and  a  right  of  appeal  is  given  to  such  township,  and  for  ten 
days  immediately  after  the  rendition  of  such  judgment  the  township 
officials  neglect  to  perfect  an  appeal,  any  taxpayer  of  such  town- 
ship may  take  an  appeal,  in  behalf  of  the  township,  from  such  judg- 
ment to  the  court  of  common  pleas  of  the  county,  within  the  time 
prescribed  for  the  taking  of  such  appeal. 

Urafted  from  Sec.  1,  Act  of  May  11,  1011.  I'.  L.  208. 

Section  1399.  In  taking  the  appeal  the  taxpayers  shall  make  an 
affidavit  that  the  same  is  not  taken  for  the  purpose  of  delay,  but  be 
cause  he  verily  believes  that  injustice  has  been  done.  The  taxpayer 
shall  pay  the  costs  of  the  appeal,  and  enter  sufficient  bail  for  the  pay- 
ment of  all  costs  before  the  justice  of  the  peace  or  alderman  and  all 
costs  in  the  court-  of  common  pleas. 

Drafted  from  Sec.  1.  Act  of  May  11.  1911,  1'.  L.  208. 

Section  1400.    Upon  the  filing  of  such  appeal  in  the  court  of  com 
nion  pleas  of  the  county,  the  taxpayer  shall  be  made  a  party  to  the 
suit  and  shall  have  the  right  to  defend  such  township  therein. 

Drafted  from   Sec.  2,  Act  of  May   11.    1911,   P.    I..  208. 

Section  1401.  Townships  of  the  first  or  second  class  may  proceed 
for  the  recovery  of  municipal  claims  by  lien  or  by  action  of  assump 
sit,  and  jurisdiction  is  conferred  upon  justices  of  the  peace  to  en- 
tertain such  actions  of  assumpsit  to  the  amount  of  three  hundred 
dollars. 

Drafted  from  Sec.  1,  Act  of  April  4,  1907,  P.  L.  40,  as  amended  by  Sec.  1. 
Act  of  March  25,  1909,  P.  L.  78. 


181 


CHAPTER  XXII. 

ACTS  OF  THE  GENERAL  ASSEMBLY  REPEALED. 

ARTICLE   I. 

Section  L500.  The  following  acts  and  |>;iris  of  acts  of  Assembh 
are  repealed  as  respectively  indicated.  The  repeal  of  the  lirst  sec- 
tion of  an  act  shall  not  repeal  the  enacting  clause  of  such  act. 

1803,  March        24,  P.  L.     439,   Sec.    1.  Absolutely. 

1834.  April  1.5,  P.  L.     509,  Sees.  27.  34.  43.  Absolutely. 

1834,  April  15,  P.  L.     509,  Sees.  28,  29.  30,  Except    in    so    far 

31    32  :'>.">  35  as        -'    re'at('    ,0 

::«)]  4o!  I'll  lY.  taxation   for  poor 

48,49,52.  or      C0ll,1,.v      l""- 

poses. 

1834,  April  15,  P.  L.     :>:t7.   Sees.    7,    13,    14,  Absolutely. 

81,  (Cls.  1.  2, 
3,  4,  5,)  83,  95. 
!><;,  !I7.  lis,  99, 
100,  101,  102, 
103,  104,  105. 
100. 

1834,  April  15,  P.  L.     537,   Sees.      :'>,    4,    5.   In  so   far   as  they 

relate     to      town- 
ships. 

1834,  April  15,  P.  L.     537,   Sees.  84,  85,  86,  Except   in   so   far 

90,  91,  92,  93.  as  they  relate  to 
constables  or  as- 
sistant assessors 
or  overseers  of 
the  poor. 

1835,  February  28,  P.  L.       45,   Sees.      7.  Absolutely. 

1836,  June  13,  P.  L.     551.   Sees.     6,   10,  27,  Absolutely. 

28.  29,  30,  31, 

32,  33,  61,  62, 

63,  64,  66.  67, 

68,  69. 

L836,  June  13,  P.  L.     551,   Sees.  34,  35,   70,    In  so  far  as   they 

71.  72,  75.  relate      to      town 

ships. 

18*4,  April  1!).   P.   L.     314,   Sees.     8,  9.  Absolutely. 

1844,  May  6,  P.  L.     564,   Sec.      6.  Absolutely. 

1849,  April  5,  P.  L.     397,  Sec.     1.  In  so  far  as  it  re- 

lates to  townships 
of  the  first  class. 


182 


1 841).  April 


5.  P.  L.     555,   Sec.  32. 


Except  in  so  far 
as  it  relates  to 
justices  of  the 
pease,  constables, 
overseers  of  the 
poor,  and  assist- 
ant assessors. 


L850, 

April 

26. 

P. 

L. 

592. 

Sec- 

5. 

Absolutely. 

L851. 

April 

14, 

P. 

L. 

61 2, 

Sec 

19. 

In  so  far  it  relates 
to  townships. 

1 85 1 . 

April 

26, 

P. 

L. 

489, 

No. 

489,    Sec 

1.  Absolutely. 

1855, 

April 

12, 

P. 

L. 

220, 

No. 

233. 

In  so  far  as  it  re- 
lates to  township 
bridges. 

1857, 

March 

14 

P. 

L. 

93, 

Absolutely. 

1857, 

April 

24, 

P. 

L. 

304, 

Absolutely. 

1857, 

May 

6, 

P. 

L. 

415. 

Absolutely. 

1 857, 

May 

16, 

P. 

L. 

53  5, 

No. 

591. 

In  so  far  :is  it  re- 
lates to  township 
treasurers. 

I860, 

March 

L6, 

P. 

L. 

174, 

No. 

189. 

In  so  far  as  it  re- 
lates to  road  su- 
pervisors. 

18(50. 

March 

29, 

P. 

L. 

337. 

Absolutely. 

1861, 

Mav 

1, 

P. 

L. 

539, 

No. 

504. 

Absolutely. 

1864, 

March 

18, 

P. 

L. 

68, 

No. 

70. 

In  so  far  as  it  re- 
lates to  township 
bridges. 

1864. 

March 

31, 

P. 

L. 

L62, 

No. 

156. 

Except  in  s<»  far 
as  it  relates  to 
poor  districts. 

L866, 

April 

12, 

P. 

L. 

109, 

No. 

99,   Sec. 

1 .  In  so  far  as  it  re- 
lates to  townships. 

L867, 

March 

16, 

P. 

L. 

37, 

X<>. 

20. 

Absolutely. 

1ST0. 

April 

."">. 

P. 

L. 

48, 

Sec. 

•  > 

Absolutely. 

1871, 

June 

L5, 

P. 

L. 

391. 

In  so  far  as  it  re- 
lates to  townships. 

1ST!. 

April 

24, 

P. 

L. 

112, 

No, 

40. 

In  so  far  as  it  re- 

lates  to  the  audi! 
of  the  accounts 
of  supervisors  and 
township  treasur- 
ers. 


183 
1ST  I,  May  L3,  P.  L.     L38,  In  bo  far  as  ii   re 

l.-ltcs  to  low  nsh  ips. 

1ST  I,  - 1  line  !).   I'.   L.     I'M'.  In  so  far  ;is    it  re 

lates  to  townships. 

1ST.").    March  10.    I*.    I>.  6,    No.      7.  In  so  far  as    it   re 

lutes  to  townships. 

1876,  March        -I.  I'.   L.       12,   No.     L3.  In  so  far  as    it  re 

lates  to  the  amlit 
of  the  accounts  of 
supervisors  and 
township  treasur- 
ers. 

islii,  April         28,  I'.   L.       51,  See.    :;.  [n  so  far  as    it  re- 

lates to  supervis- 
ors. 

L876,  May  1.   1*.   I..       88,  In  so  far  as    it   re 

lates  to  townships. 

LS76,  May  8,   L\   L.     L36,    No.   103.  In  solar  as    it  re 

lates  to  township 
lines. 

1876,  May  IS,  P.  L.     17s.   Sec.    5.  [„  so  far  as    it  re- 

lates to  the  annex- 
ation     of      tow  n 

ships. 

1S77,  March        23,  P.  L.      20.   No.     16.  In  so  far  as   it  re- 

lates to  townships 

L879.   May  13,   P.   L.       52,   No.     50.  Absolutely. 

1879,  June  4,  P.  L.       94,   No.  111).  Absolutely. 

1879,  June  11,  P.   L.     126,   No.   130.  Absolutely. 

1883,  May  17.  P.   L.       31,    No.     20.  In  so  far  as    it  re- 

lates to  townships. 

1885,  -lime  25,   P.  L.     187.   Sees.  1.  2,  :\.  7.  9,    lu  so  far  as    it  re 

11.  lates   to    township 

luxes. 

L887,   May  24;    P.   L.     202,    No.   140.  Absolutely. 

1887,  May  24,   P.   L.     203,   No.  142.  In  so  fur  us    it  re- 

lates to  townships. 

Inst.  June  1,  1*.  L.     285,  In  so  far  as  it  re- 

lates to  townships. 

1887,  June  2,   P.   L.     306.    No.   L97,  Sec.   11.   In  so  far  as    ii  re- 

lates to  townships. 


184 


1889,  February   14,  P.  L.     708,   Sec.  1. 


1881).  May 

L889,  May 

1880,  May 
1889,  May 
1889  May 
1893,  May 

1893,  May 

1893,  June 

1883,  June 

1893,  June 
1895,  June 

1895,  June 

1895.  June 
1895,  June 

1895,  July 

1895.  July 

1897,  May 
1897,  June 
1899,  April 

L899,  April 
1899,  May 

1 899,  May 


4,  P.  L.     .80,  No.  82. 


4.  P.  L.       80?  No.  i 


4,  P.  L. 
9,  P.  L. 
9,  P.  L. 


10,  P.  L. 


87,  No.  85. 
1 56,  No.  175. 
178,   No.  202. 


20,  P.  L.  144. 

3,  P.  L.  284, 

0,  P.  L.  333,   No.  27:;. 

12,  P.  L.  451, 

5,  P.  L.  284.   No.  197. 

25,  P.  L.  298,   No.  210. 

20,  P.  L.  321,    No.  211'. 

20,  P.  L.  332,    No.  247. 

2,  P.  L.  420,    No.  304. 

2,  P.  L.  434,   No.  311. 

26,  P.  L.  98, 
23,  P.  L.  191. 

28,  P.  L.  71),    Sec.  11. 

38,  P.  L.  104, 

2.  P.   L.  159, 

2.  P.  L.  104.    No.   112. 


In  so  far  as  it  re- 
lates to  township 
assessors. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

Absolutely. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  township 
lax  collectors. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

Abso'utely. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  township 
tax  collectors. 

Absolutely. 

Absolutely. 

In  so  far  as  il  re- 
lates to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 


185 


11)01,  March 

1901.  May 

1901,  May 

1901,  May 

1901,  May 

L901,  May 

1901,  June 


18,  P.  L.      51, 

1 1.  P.  L.  L60, 

11,  P.  L.  L69,    No. 

11.  P.  I,,  is:,. 


1 35 


24,  P.   L.     294, 
21.  P.  L.     200,    No.   L9S. 
4,  P.  L.     359,  Sec.  2. 


Absolutely. 

Absolutely. 

Absolutely. 
In  so  far  as    it  re- 
lates    to    the    re 
ports  of    township 
auditors. 

Absolutely. 

Absolutely. 

I  ii  so  far  as  it  con- 
fers any  powers 
or     imposes     any 

duties     on     town- 
ships. 


1901,  June 
1901,  June 
L901,  June 

1901,  June 
L901,  June 

1901.  July 
1901,  July 
1901,  July 


1901,  July 


1903.  April 

1903,  April 

1903.  April 

1903,  April 


4.   P.  L.  361.    NO.  223. 

7.   P.  L.  510, 

7.   P.  L.  531, 

10,  P.  L.  551,   No.  200. 

10.  P.  L.  555.  No.  264. 

2,  P.  L.  611, 

9,  P.  L.  627, 

10,  P.  L.  037.   No.  322. 


17,  P.  L.     068,   No.  338. 


11,  P.  L.  164,  No.  122. 

15,  P.  L.  199. 

23.  P.  L.  205.  No.  197. 

23,  P.  L.  267.  No.  201. 


1905  February    23.  P.  L.       22. 
1905,  March         14,  P.  L.       36. 


Absolutely. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

Absolutely. 

In  so  far  as  it  con 
fers    any    powers 
or      imposes     any 
duties     on     town 
ships. 

In  so  far  as  it  con- 
fers any  powers 
or  imposes  any 
duties  on  town- 
ships. 

Absolutely. 

Absolutely. 

Absolutely. 

Absolutely. 
Absolutely. 
Absolutely. 


180 

1905,  March        21.  P.  L.       Hi.  In  so  far  as  it  re- 

lates to  townships. 

1905,  March        28,   P.   L.     161,    No.     12.  In  so  far  as   it  re- 

lates to  townships. 

11)05.  April  1.  P.  L.       1)7.  Absolutely. 

1905,  April  12,  P.  L.     112.  Absolutely. 

1905,  April  17,  P.  L.     193,  In  so  far  as  it  re- 

lates to  townships. 

1905,  April  19,  P.  L.     221,  No.  100.  Absolutely. 

1905,  April  22,  P.  L.     283,    No.  195.  Absolutely. 

1905,  April  22,  P.  L.     288,  Absolutely. 

1905,  April  22,  P.  L.     295,  In  so  far  as   it  re- 

lates to  townships. 

1905.  May  :'».   P.   L.     379,  In  so  far  as  it  con- 

fers any  powers 
or  imposes  any 
duties  on  toAvn- 
ships. 

19*07,  March        22,  P.  L.       27.  No.  23.  Absolutely. 

1907,  April  4,  P.  L.       10,   No.  36.  In  so  far  as   it  re- 

lates to  townships. 

1907.  April  1,  P.  L.       14.   No.  41.  In  so  far  as  it  re- 

lates to  townships. 

1907,  April  15.  P.   L.       ,x<).  In  so  far  as  it  con- 

fers any  powers 
or  imposes  any 
duties  on  town- 
ships. 

_  „„_    -.»-  -.r,    r,    -r       r>*-\r-    -*■*      -i r-r»  J-U  so  iar  as   it  re- 

1907,  May  23,  P.  L.     225,  No.  1,3.  lates  to  townships. 

1907,  May  25,  P.  L.     231,   No.  182.  Absolutely. 

1907.  May  28,  P.  L.     201,  In  so  far  as   it  re- 

lates to  townships. 

1907,  May  28,  P.  L.     273,  No.  210.  Absolutely. 

1907,  May  28,  P.  L.     287,   X()    O|0  In  so  far  as   it  re- 

lates to  townships. 

11)07,  May  21).   P.  L.     305,   No.  2:50.  Absolutely. 

1907,  May  31,   P.  L.     349,  In  so  far  as   it  re- 

lates to  townships. 


187 

1907,  June  7.   P.   L.     152,   So.  303.  Insofar  as   it  re- 

lates to  public 
roads  within  town- 
ships of  the  first 
class. 

L907,  June  7.  P.  L.     401,   No.  .".Hi.  In  so  far  as   it  re 

lates  to  townships. 

L907,  June  8,   P.   L.     503,  In  so  far  as   ii  re 

Lates  to  townships. 

1309,  March        15,  P.  L.      33,  No.     L5.  [n  so  far  as   i1  re- 

lates to  townships. 

1909,  March         18,  P.  L.       40.   No.     22.  Absolutely. 

L909,  March        24.  P.  L.       56,  Absolutely. 

1909,   March        25,  P.  L.       78,  h.  so  tar  as   it  re- 

lates to  townships. 

L909,  April  1,  P.  L.       97,   No.     57.  Excepl    in  so  far 

as  it  relates  to 
St  ate  highways 
and  the  officers  of 
the  State  High- 
way Department. 

11)09,  April  22,  P.  L.     117,  Absolutely. 

1909,  April  22,  P.  L.     124,  In  so  far  as   it  re- 

lates to  townships. 

1909,    \pril  23,  P.  L.     168,  Absolutely. 

1909,  April         27,  P.  L.     187.  Absolutely. 

1909,  April  27,  P.  L.     198,  Absolutely. 

L909,  April  27,  P.  L.     245,  gecs.  1  and  2.         In  so  far  as  they 

relate  to  township 
tax-collectors. 

1909,  April         27.   P.  L.     261,  In  so  far  as  it  re- 

lates to  townships. 

1909,  April  I'll.   P.   L.     275,   Sec.  1.  Absolutely. 

1909,  May  1.   P.  L.     301,  Absolutely. 

1909,  May  1     P.   U     305,  in  so  far  as   it  re- 

lates to   township 

i  axes. 

1909,  May  1.   P.   I-     306,   No.   198.  In  so  tar  as  it  con- 

fers any  powers 
or  imposes  any 
duties  upon  town- 
ships. 


188 


1909,  May 

1909,  May 

1909,  May 

1909,  May 
1911,  May 

1911,  May 
1911,  May 

1911,  May 

1911,  May 

1911,  May 
1911,  June 


3,  P.  L. 


3,  P.  L.  401, 

8,  P.  L.  474, 

13,  P.  L.  752. 

5,  P.  L.  123, 

~>,  P.  L.  165, 

5,  P.  L.  16S, 

5,  P.  L.  170,   No.  123. 

11,  P.  L.  208,   No.  152. 

12,  P.  L.  307. 

1,  P.  L.  541,  No.  201. 


In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as   it  re- 
lates to  township 
taxes. 
Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

.  Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 
Absolutely. 

In  so  far  as  it  co'n- 
»      fers  any  powers  or 
imposes  any  duties 
on  townships. 


1911,  June 

3, 

P. 

L. 

626, 

1911,  June 

3, 

P. 

L. 

628, 

1911,  June 

3, 

P. 

L. 

638, 

1911,  June 

1, 

P. 

L. 

677.  No.  268 

1911,  June 

9, 

P. 

L. 

865, 

1911,  June 

14, 

P. 

L. 

942, 

1911,  June 

15, 

P. 

L. 

966, 

1911,  June  15,  P.  L.     982, 


1911,  June  15.  P.  L.     987 


Absolutely. 

Absolutely. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  re- 
lates to  toAvnships. 

Absolutely. 

In  so  far  as  it  con- 
fers any  powers 
or  imposes  any 
duties  upon  town- 
ships. 

In  so  far  as  it  re- 
lates to  township 
roads. 

In  so  far  as  it  con- 
fers any  powers 
or  imposes  any 
duties  upon  town- 
ships. 


189 


Mill,  June  1!>,    I\   L.      130. 


L911,  June 
1911,  June 

1918,  April 

L913,   May 
L913,  May 

1913,  May 
1913,  May 

1913,  May 
L913,  Mav 


1913,  May 


L913,  May 


1913,  May 
1913,  May 

1913,  May 
1913,  May 
1913,  May 
1913.  May 

1913,  May 
1913,  May 

1913,  -June 
1913,  June 

1913,  June 


19,  P.  L.  166, 

20,  P.  L.  1087, 

L5,   P.  L.  66, 

1.    P.   L.  144,    No.     94. 

1,  P.  L.  155.   No.  104. 

8,  P.  L.  159, 

20,  P.  L.  227, 

20,  P.  L.  248, 

2(1,   1\   L.  254, 


20,  P.  L.     257, 


20.  P.  L.     267, 


21,  P.  L.  283, 

21,  P.  L.  284, 

23,  P.  L.  306, 

23,  P.  L.  348,    No.  236. 

28,  P.  L.  85::. 

28,  P.  L.  368, 

28,  P.  L.  371, 

31,  P.  L.  394, 

5,  P.  L.  424, 

5,  P.  L.  445,  Sec.    10. 

19,  P.  L.  541, 


In  so  far  as  it  re 
lates  to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  ;is  it  re- 
lates to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates.to  the  audit 
of  township  ac- 
counts. 

In  so  far  as  it  re- 
lates to  townships. 

In  so  far  as  it  con 
fers    any     powers 
or  imposes  any 
duties  on  town 
ships. 

Absolutely. 

In  so  far  as  it  re- 
lates to   township 

taxes. 

Absolutely. 

Absolutely. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 


190 


L913, 

June 

25. 

P. 

L. 

561, 

No.  359. 

Absolutely. 

1913, 

•  hint' 

25, 

P. 

J.. 

561, 

No.  360. 

Absolutely. 

1913, 

June 

27, 

P. 

L. 

667, 

Absolutely. 

1913, 

July 

7, 

P. 

L. 

671, 

Absolutely. 

1913, 

July 

22, 

P. 

L. 

915, 

Sees.  4,  6 

,  7,  8,  9, 

Absolutely. 

10,  11, 

12, 

w, 

15,  16, 

20. 

1913, 

July 

°2 

r. 

L. 

915, 

Sees.    5, 

17, 

18, 

Except     in 

1 91.5. 

April 

9, 

P. 

L. 

70. 

L915, 

April 

14, 

P. 

L. 

122. 

1915, 

April 

21, 

P. 

L. 

159, 

1915, 

April 

21, 

P. 

L. 

162, 

1915, 

May 

3, 

P. 

L. 

217, 

1915, 

May 

L3, 

P. 

L. 

303, 

1915, 

May 

14, 

P. 

L. 

1-89, 

1915, 

May 

14, 

P. 

L. 

520, 

1915, 

June 

1, 

P. 

L. 

684, 

1915, 

June 

3, 

P. 

L. 

806, 

1915, 

June 

11, 

P. 

L. 

942, 

1915, 

June 

LI, 

P. 

L. 

947, 

19  L5,  June 


19,  21.   ,  as      they       confer 

any  powers,  im- 
pose any  duties 
or  penalties  on 
the  State  High- 
way Department, 
or  any  of  its  of- 
ficers or  agents, 
or  on  the  clerks 
of  the  court  of 
quarter  sessions. 

Absolutely. 

No.     57.  In  so  far  as   it  re- 

lates to  townships. 

No.  83.  In  so  far  as   it  re- 

lates to  townships. 

No.     85.  In  so  far  as    it  re- 

lates to  townships. 

In  so  far  as  it  re- 
lates to  townships. 

Absolutely. 

Sec.    1.  Absolutely. 

Absolutely. 

A 1  >solutely. 

Absolutely. 

In  so  far  as  it  re- 
lates to  townships. 

7,    No.   418.    Sec.   1.  Except   in   so    far 

as  it  confers  any 
powers  or  imposes 
any  duties  on  the 
State  Highway  De- 
partment, 
11,  P.  L.     947,   No.  41S,   Sees.  2  Absolutely. 

and  3. 


191 

11)15,  June  15,  P.  L.     985,  No.  426.  Insofar  as  it  re- 

lates to  townships 
of  the  first  class. 

Section  1501.  All  oilier  ;icts  and  [tarts  of  acts  inconsistent  with 
this  act  are  repealed.  This  act  shall  not  repeal  or  modify  any  of  the 
provisions  of  the  Public  Service  Company  Law.  nor  the  act  entitled 
"An  ace  to  preserve  the  purity  of  the  waters  <»!'  the  Slate  for  the 
-protection  of  the  pubUc  health."*  approved  the  twenty-second  day  of 
April,  one  thousand  nine  hundred  and  five.  Nor  shall  this  act 
repeal  or  modify  any  of  the  provisions  of  any  acl  of  Assembly  amenda- 
tory of  law  in  force  at  the  time  of  the  passage  of  this  act,  or  other- 
wise adopted  at  the  session  of  the  General  Assembly  of  one  thousand 
nine  hundred  and  seventeen,  whether  such  acts  were  adopted  prior  to 
the  passage  of  this  act;  or  shall  be  adopted  susequent  to  the  passage 
of  this  act;  nor  shall  this  act  repeal  any  such  act,  or  part  thereof, 
in  force  at  the  time  of  the  passage  of  this  act.  which  is  amended  by 
any  act  of  Assembly  adopted  at  the  Session  of  the  General  Assembly 
of  one  thousand  nine  hundred  and  seventeen. 

This  section  s.-ncs  the  Acl  of  May  IT,  1917,  I'.  J/.  221,  from  repeal:     In  re 
Ogle  Township  Tax  Collectors'  linnd,  1  Somer.  I..  ■'.  69,  s.  c.  SO  />.  R.  V,1. 


1!)2 


APPENDIX. 


1!):; 


CHAPTER  XXIII. 

CONSTITUTIONAL    PROVISIONS    PROHIBITING   LOCAL    AND 

SPECIAL  LEGISLATION. 

1502.  The  general  assembly  shall  not  pass  any  local  or  special 
law: 

Regulating  the  nil  airs  of  *  *  *  *  townships:  *  *  *  * 

Authorizing  the  laying  out,  opening,  altering  or  maintaining, 
roads,  highways,  streets  or  alleys: 

Vacating  roads,  town  plats,  streets  or  alleys: 

Relating  to  cemeteries,  grave  yards,  or  public  grounds  not  of  the 
State : 

Erecting  new  townships,   *   *   *   *  changing  township  lines:  *  *  *  * 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers 
in  *•*    *   *   townships:   *   *    *    * 

Constitution  of  Pennsylvania,  Pari  <>f  Art.  Ill,  Sec.  7. 


13 


nil 
CHAPTER  XXIV. 

CREATION,  CONSOLIDATION  AND  DIVISION  OF  TOWNSHIPS. 
For  other  provisions  relating  to  this  subject,  see  Sees.  20  to  69,  inclusive. 

1503.  Whenever  a  final  order  is  granted  by  any  court  authorizing 
the  creation  of  a  new  city,  borough,  or  township,  or,  authorizing  the 
consolidation  of  existing  cities,  boroughs,  or  townships,  or  the  divi- 
sion or  partition  of  the  above-named  civil  divisions,  the  prothonotary 
or  clerk  of  the  court,  as  the  case  may  be,  shall  furnish  a  certified 
copy  of  such  final  order  to  the  Secretary  of  Internal  Affairs  of  the 
Commonwealth.  The  prothonotary  or  clerk  of  the  court  shall  be 
allowed  a.  fee  of  one  dollar  for  Ms  services  to  be  paid  as  part  of  the 
costs  of  the  proceedings. 

Sec.  1,  Act  of  May  8,  1919,   P.   L.   330. 


1 95 
CHAPTER  XXV. 

OFFICIAL   BONDS. 

1504.  Whenever  any  person  or  persons  shall  apply  by  petition, 
verified  by  affidavit,  to  the  court  of  common  pleas  of  the  county  in 
which  any  collector  of  taxes  or  other  public  officer  may  reside  who 
is  not  commissioned  by  the  Governor  of  this  Commonwealth,  from 
whom  by  law.socurity  is  required  for  the  faithful  performance  of  his 
official  duties,  setting  forth  that  the  solvency  of  such  public  officer, 
or  of  any  one  or  more  of  his  official  sureties  has  become  impaired  or 
diminished  since  the  execution  and  approval  of  the  official  bond  of 
such  officer,  or  that  such  officer  has  become  liable  for  neglect  of  duty 
or  ljecome  of  intemperate  haibits,  and  that  the  said  officer  and  his 
sureties  are  not  worth  the  amount  of  the  penalty  of  his  said  bond, 
or  that  said  sureties  are  likely  to  suffer  loss  on  account  of  miscon- 
duct of  such  officer,  the  said  court  shall  have  the  power  to  examine 
into  the  manner  of  the  performance  of  said  official  duties,  and  the 
ability  and  solvency  of  the  sureties  of  any  such  officer  at  any  time 
diiring  his  term  of  office,  and  to  require  from  him  such  other  addi- 
tional security  for  the  performance  of  his  official  duties  as  the  said 
court  shall  deem  expedient. 

Sec.  1.  Act  of  May  26,  1897,  P.  L.  108. 

1505.  Upon  the  presentation  of  any  such  petition,  it  shall  be  law- 
ful for  said  (ourt,  or  any  judge  theieof  in  vacation,  tc  award  a  cita- 
tion to  such  officer  and  his  sureties,  commanding  them  to  appear  at 
such  times  as  the  court  may  direct  and  answer  the  matters  alleged  in 
said  petition,  and  show  cause  why  the  said  officer  should  not  give 
other  and  further  security,  which  citation  shall  be  served  at  least 
five  days  before  the  return  day  thereof  as  is  directed  by  law  in  regard 
to  citations  in  the  orphans  court,  and  upon  the  return  day  of  such 
citation,  or  at  such  time  as  shall  be  fixed  for  that  purpose,  the  court 
shall  hear  the  parties  and  examine  the  facts  in  the  case,  and  if  the 
said  court  shall  be  satisfied  that  the  sureties  of  the  said  officer  are 
insufficient,  or  have  become  liable  for  neglect  of  duty  of  such  officer, 
or  are  likely  to  become  so  from  his  intemperance  or  other  cause,  the 
said  court  shall  order  and  direct  that  he  shall,  within  such  time  as 
shall  lie  fixed  by  said  court,  enter  into  a  new  official  bond,  with  se- 
curities to  be  aooroved  by  the  court  or  any  judge  thereof,  in  lieu  of 
the  former  bond,  and  upon  the  execution  and  approval  of  such  bond 
it  shall  be  recorded  or  tiled  in  the  proper  office  in  like  manner  as  the 
original  bond  of  such  officer,  and  the  sureties  therein  shall  be  respon- 
sible in  the  same  manner  as  the  sureties  in  such  original  bond,  who 


196 

shall,  upon  the  approval  of  such  new  bond,  be  discharged  from  all 
liability  for  any  act  or  default  occurring  thereafter;  and  in  case  the 
said  officer  shall  neglect  or  refuse  to  comply  with  the  order  of  said 
court  or  judge  and  give  such  other  security  aforesaid,  the  said  court 
shall  make  an  order  removing  said  delinquent  from  office  and  declare 
said  office  vacant,  and  the  vacancy  in  such  office  shall  be  filled  in  the 
same  manner  as  vacancies  occurring  by  death  or  resignation  are  by 
law  filled. 

Sec.  -2.  Act  of  May  26,  ]S!»7.  P.  L.  108. 

15(MJ.  In  case  the  said  officer  or  any  of  his  sureties  cannot  be 
found  in  the  county  so  that  service  of  citation  can  be  made  upon 
him  or  his  sureties  as  required  by  the  second  section  of  this  act,  upon 
proof  thereof  being  made  at  the  return  day  thereof  or  time  fixed  for 
hearing  as  aforesaid,  the  court  shall  proceed  to  examine  the  facts  in 
the  case,  and  determine  the  same  as  provided  in  the  second  section 
of  this  act,  the  same  as  though  personal  service  of  said  citation  had 
been  made  as  provided  in  said  section:  Provided  however,  That  said 
citation  shall  be  served  on  said  sureties,  or  such  of  them  as  may  be 
found  in  the  county. 

Sec.  3,  Act  of  May  26,  1897,  P.  L.  108. 

1507.  Said  court  in  all  proceedings  under  this  act  may,  in  their 
discretion  at  the  request  of  said  officer  or  his  sureties,  direct  an 
issue  on  the  facts  set  forth  in  said  petition,  to  be  tried  by  a  jury 
without  delay,'  and  shall  have  power  to  make  such  decree  respect- 
ing the  payment  of  costs  in  said  proceedings  as  may  be  just  and 
equitable. 

Sec.  4,  Act  of  May  26,  1897,  P.  L.  108. 


197 
CHAPTER  XXVI. 

POLICE. 

1508.  Upon  the  petition  of  not  less  than  twenty-live  tax-payers 
of  any  township  of  the  second  class  to  the  court  of  quarter  sessions, 
representing  thai  the  safety  of  the  citizens  and  the  security  of 
property  makes  it  necessary  for  the  appointment  of  one  or  more 
electors  to  act  as  policeman,  the  court  shall  consider  said  petition, 
and,  if  satisfied  of  the  reasonableness  and  propriety  of  said  appli- 
cation, shall  authorize  the  supervisors  of  said  township  to  appoint 
one  or  more  qualified  electors  to  act  as  policemen,  and  to  serve  at 
the  will  of  said  supervisors. 

Sec.  1.  Aft  of  April  5,  1917,  I".  L.  47. 

See  section  35">  and  notes  thereunder  for  power  of  court   to  make  appoint- 
ments of  policemen. 

1509.  The  court  shall  fix  the  number  of  policemen  necessary,  the 
maximum  compensation  of  such  policemen,  and  shall  limit  the  term 
of  service  of  said  policemen  as  it  may  deem  proper. 

Sec.  2,  Act  of  A~pril  5,  1917,  P.  L.  47. 

1510.  Each  policeman  so  appointed  shall  possess  and  exercise 
all  the  powers  of  policemen  of  cities  of  this  Commonwealth. 

Sec  :;.  Act  of  April  5,  1917,  P.  L.  47. 

1511.  The  keepers  or  persons  in  charge  of  jails,  lockups,  or 
station-houses  shall  receive  all  persons  arrested  by  such  policemen 
for  the  commission  of  any  offense  against  the  laws  of  this  Common- 
wealth within  said  township. 

Sec.  4,  Act  of  April  5,  1917,  I'.  L.  47. 

1512.  Each  policeman,  when  on  duty,  shall  wear  a  shield  or 
badge,  with  the  words  "township  police,"  and  the  name  of  the  town- 
ship for  which  he  was  appointed,  inscribed  thereon. 

Sec.  •">.  A.-t  of  April  5,  1917.  P.  I,.  47. 

1518.  The  said  policeman  shall  be  paid,  from  the  funds  of  said 
townships,  such  compensation  as  may  be  fixed  by  the  supervisors 
in  accordance  with  the  limitations  prescribed  by  this  act. 

Sec.  C.  Act  of  April  5,  1917,  P.  L.  47. 

1514.  From  and  after  the  passage  of  this  act  all  municipalities 
or  corporations,  employing  policemen  within  the  Commonwealth  of 
Pennsylvania,  shall  pay  to  all  such  policemen  a  fixed  or  stipulated 


198. 

.salary;  and  that  hereafter  il  shall  not  be  lawful  for  any  such  police- 
man t  >  charge  .or  accept  any  fee  or  other  compensation,  in  addition 
to  his  salary,  tor  any  service  rendered  or  performed  by  him  of  any 
kind  or  nature  whatsoever  pertaining  to  his  office  or  duties  ;;s  a  police- 
man, except  public  rewards  and  the  legal  mileage  allowed  for 
traveling  expenses 

Sec.  1.  Act  of  July  14,  1897,  P.  L.  Ui>ti. 

This  act  does  nut  offend  against  the  constitutional  prohibition  providing 
that  the  general  assembly  shall  nut  pass  any  local  or  special  law  regulating 
Hie  fees  Hi-  extending  the  powers  and  duties  of  constables.  Weaver  v.  Schuyl- 
kill Co..  17  Super  Ct.  327,  affirming  U.-:  Pa.  < '.  C.  r><;7.  !>  1>.  It.  467;  Mc- 
Allister  v.  Armstrong  (<>..  20  Pa.  C.  C    201. 

A  salaried  police  officer  is  entitled  to  witness  fees  where  he  appears  in 
answer  to  subpoena.  In  such  a  case  he  is  not  performing  a  service  pertaining 
to  his  office  or  duty  as  a.  policeman.  Denis,  y.  Schuylkill  Co.,  21  Pa.  C.  C. 
Ill;  Te'mpleton  r.  Williams,  29  Super.  Ct.  2172,  affirming  2 ',  Monty.  19$, 
22  York  11. 

The  service  of  a  subpoena  is  not  a  duty  pertaining  to  the  office  of  a  police- 
man, and  he  is  entitled  to  a  fee  for  such  service,  and  also  for  executing  a 
writ  of  commitment.  Com  r.  Jours,  1  J,  I).  R.  350,  s.  c.  3  Just.  L.  R.  128, 
5  Look.  J.  328;  Com.  v.  McCafferty,  20  D.  A*.  29,  s.  c.  II  Del.  210,  2  M.  L. 
R.  U. 

One  who  is  otherwise  entitled  to  the  reward  provided  for  by  the  Act  of 
March  15,  1821.  7  Sm.'L.  388,  for  the  apprehension-and  conviction  of  a  horse 
thief,  is  not  precluded  from  receiving  it  by  the  fact  that  he  is  a  policeman. 
Com  v.  Matthews,  10  Luz.  Rep.  110 

A  policeman  is  entitled  to  fees  for  serving  subpoenas  and  attending  hear- 
ings as  a  witness,  but  not  for  making  arrests.  Aliguippa  Borough  v.  II all, 
21  D.  R.  114,  s.  c.  J,  M.  L.  R.    >i>. 

A  salaried  policeman  in  his  capacity  as  such  is  not  entitled  to  any 
remuneration  for  services  that  he  or  some  other  sworn  officer  only  could  per- 
form, but  when  the  same  services  could  be  performed  by  any  private  person, 
who  is  capable  of  performing  the  service,  he,  as  a  private  person,  can  perform 
the  service  and  is  entitled  to  remuneration.  Com.  v.  Murphy,  ct  ah,  1  Just. 
L.  R.  31. 

1515.  From  and  after  the  passage  of  this  act  it  shall  not 
be  lawful  for  any  high,  ward,  township  or  other  constable,  who  is 
at  the  same  time  employed  as  a  policeman  in  any  city,  borough  or 
other  part  of  this  Commonwealth  to  charge  or  accept  any  fee  or 
other  compensation,  in  addition  to  the  salary  paid  to  him  as  a 
policeman  for  any  service  rendered  or  performed  by  him  pertaining 
to  his  office  or  duties,  either  as  a  policeman  or  as  such  high,  ward,  or 
other  constable,  except  public  rewards  and  the  legal  mileage  allowed 
to  constables  for  traveling  expenses. 

Sec.  2.  Act  of  July  14.   1807.   P.   L.  266. 

The  act  refers  to  all  constables  in  the  Commonwealth  and  prohibits  them 
from  demanding  or  receiving  fees  for  service  rendered  as  nonstable  as  well 
as  a  salary  as  policeman.  Wearer  v.  Schuylkill  Co.,  11  Super.  Ct.  321  af- 
firming 23  Pa.  C.  G.  501,  9  D.  R.  ',(11:  McAllister  v.  Armstrong  Co.,  20  Pa. 
C.  C     201;  McKinney  v.  York  Co.,  8  Del.  Co.  551,  s.  c.  16  York  121. 


I!  I!  I 

ir>li>.  Any  policeman  or  constable  employed  as  a  policeman  as 
aforesaid  violating  any  of  the  provisions  of  the  sever®]  sections  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  lie  sentenced  to  pay  a  line  not  exceeding  fifty 
dollars  and  costs,  or  undergo  imprisonment  in  the  jail  of  the  proper 
countv  not  exceeding  thirty  days,  or  both  at  the  discretion  of  the 
court. 

See.  ::.  An  of  July  14,  L897,  P.  L.  266. 

1517.  Whereas,  There  exists  an  urgent  need,  during  the  time 
this  Nation  is  at  war,  to  immediately  take  steps  to  organize  within 
this  Commonwealth  an  efficient  volunteer  police  force  to  prevent 
injury  and  destruction  to  the  various  industries  of  the  Common- 
wealth by  enemies  of  the  Nation,  and  to  suppress  riots  and  tumults, 
and  to  preserve  the  public  peace  and  safety;  therefore: — 

Be  it  enacted,  etc.,  That  upon  application  to  the  Governor  of  the 
Commonwealth,  the  said  Governor  is  hereby  authorized,  immediate- 
ly after  the  passage  of  this  act,  and  at  any  time  during  the  con- 
tinuant e  of  the  present  war  with  Germany,  or  in  any  war  in  which 
this  Nation  may  become  involved,  to  appoint  and  commission  such 
number  of  volunteer  police  officers,  to  serve  without  payr  in  the* 
several  counties,  as  may  be  deemed  necessary.  In  all  cities,  boroughs 
and  townships  where  there  is  a  duly  constituted  police  department 
or  police  commission,  such  volunteer  police  officers  shall  be  under, 
and  subject  to,  the  authority  and  direction  of  such  department  or 
commission.  In  all  other  eases  the  said  Governor  shall  designate  and 
appoint  such  officials,  or  official  person  or  persons,  to  advise  and 
direct   the  said  police  officers  and  services  to  be  by  them  performed. 

Sec.  1,  Act  of  July  18,  1917,  P.  L.  1062. 

Tho  Governor,  if  he  so  desires,  may  issue  one  certificate  for  all  the  ap- 
pointees in  one  county.  The  Governor  has  the  power  to  commission  such 
officers  either  for  one  year  or  for  any  other  specific  time  or  "during  the  con- 
tinuance of  the  present  war  with  Germany."  In  re  Volunteer  Police. 
Opinion  by  Win    M.  Hargest,  Dep.  Atty.  Gen..  S  Dept.  Rep.  3. 

"In  every  city,  borough  or  township  wherein  there  is  a  duly  constituted 
police  department  or  commission,  it  belongs  to  such  department  to  direct 
and  exercise  authority  over  the  volunteer  police  officers  therein.  In  other 
es  it  belongs  to  the  person  named  by  the  Governor  for  that  purpose." 
In  re  Volunteer  Police  Force.  Opinion  Jnj  Francis  Shunh  Jirotcn,  Atty. 
Gen.,  ',  Dept.  Rep.  1556. 

1518.  All  police  offices  so  appointed  shall  take  and  subscribe  the 
oath  provided  by  article  seven  of  the  Constitution.  Such  oath  shall 
be  administered  by  an  officer  duly  authorized  to  administer  oaths, 
and  shall  be  fded,  together  with  the  certiticate  of  appointment,  in 
the  office  of  the  recorder  of  deeds. 

Sec  2,  Ad  of  July  18,  1917,  P.  L.  1062. 


20t) 

The  certificate  of  appointment  a  >!  the  oath  required  to  be  taken  must  he 
filed  in  the  office  of  the  Recorder  of  I  >eeds. 

No  fee  is  allowed  by  law  for  filing  said  certificate  and  oath,  and,  therefore, 
none  can  be  exacted  by  the  Recorder  of  1  >eeds  of  the  various  counties.  No 
tax  of  fifty  cents  can  be  imposed  by  the  Recorder  of  Deeds  for  filing  said 
certificate  and  oath:  In  re  Volunteer  Police.  Opinion  by  Wm  M.  Hargest, 
Dep.  Atty.  Gen.,  3  Dept.  Rep.  3S20. 

1519.  The  police  officers,  when  so  appointed  and  qualified,  shall 
have  and  possess  all  the  powers  of  police  officers  of  the  several 
cities,  boroughs  and  townships  of  the  Commonwealth,  and  are 
authorized  to  arrest  upon  view,  with  or  without  warrant,  any  person 
apprehended  in  the  commission  of  any  offense  against  the  laws  of 
the  Commonwealth  or  of  the  United  States. 

Sec.  3,  Act  of  July  18,  1917,  P.  L.  10G2. 

A  volunteer  police  officer  can  lawfully  execute  a  warrant,  duly  issued  in  the 
county  in  which  he  is  commissioned,  for  an  offense  committed  therein,  in  any 
county  of  the  State  to  which  the  offender  may  go,  in  manner  as  prescribed 
in  the  Act  of  May  2,  1899,  P.  L.  173.  His  appointment  does  not  invest  such 
officer  with  any  authority  to  make  an  arrest  without  a  warrant  outside  of 
the  limits  of  the  county  in  and  for  which  he  is  commissioner :  In  re  Vol- 
unteer Police  Officers.  Opinion  by  Emerson  Collins,  Dept  Atty.  Gen.,  3  Dept. 
Rep.  3625. 

While  a  volunteer  policeman  can  exercise  any  power  which  a  city,  borough 
or  township  police  officer  possesses,  as  stated  in  the  preceding  opinion,  it  is 
against  the  reason  and  the  spirit  of  the  act  that  he  should  be  called  upon  to 
render  the  ordinary  routine  service  of  a  regular  policeman.  He  is  not  to  be 
used  for  ordinary,  but  extraordinary  work,  such  as  pointed  out  in  the  pre- 
amole  and  in  Sec.  4  of  this  act,  viz  :■  "to  prevent  injury  and  destruction  to  the 
various  industries  of  the  Commonwealth  by  enemies  of  the  nation,  and  to 
suppress  riots  and  tumults,  and  ta  preserve  the  public  peace  and  safety." 
It  was  not  intended  that  through  the  instrumentaliy  of  the  volunteer  police 
force  the  State  would  thereby  relieve  municipalities  form  any  part  of  the 
duty  and  burden  heretofore  resting  upon  them  of  policing  the  same  and 
maintaining  the  peace.  Where  a  situation  exists  or  impends,  endangering 
or  threatening  the  peace  and  property  of  any  community,  and  which  is 
beyond  the  ability  of  the  regular  police  force  to  cope  with,  the  local  police 
department  should  not  hesitate  promptly  to  summon  the  assistance  of 
volunteer  policemen:  In  re  Volunteer  Police  Force.  Opinion  by  Francis 
ShunJc  Brown,  Atty.   Gen- ,  1,  Dept.  Rep.  1556. 

1520.  The  police  officers  herein  provided  for  shall  be  organized 
and  disciplined  especially  for  the  purpose  of  the  suppression  of 
riots  and  tumults,  and  to  preserve  the  public  peace  and  safety;  and 
shall  be  used  whenever  necessary  to  guard,  protect,  and  preserve 
from  injury  and  destruction  by  enemies  of  the  Nation  in  the  present 
war  with  Germany,  or  in  any  war  in  which  this  Nation  may  become 
involved,  all  railroads,  railways,  mines,  oil-wells,  chemical  planls, 
light— heat — and  power-plants,  water-works  and  plants,  iron  works. 


2UL 


steel-plants,  ammunition-plants,  manufacturing  plants,  and  all  other 
industries,  as  well  as  all  public  works  and  public  buildings. 

Sec.  4,  Act  of  July  18,  1917,  P.  L.  1062. 

See  notes  to  Sec.  1519. 


CHAPTER  XXVII. 

EMPLOYES  ENTERING  MILITARY   SERVICE   OF  THE   UNITED 

STATES. 

1521.  Whenever  any  appointive  officer  or  employe,  regularly  em- 
ployed by  the  Commonwealth  of  Pennsylvania  in  its  civil  service, 
or  by  any  department,  bureau,  commission,  or  office  thereof,  or  by 
any  county,  municipality,  "township,  or  school  district  within  the 
Commonwealth,  shall,  in  time  of* war  or  contemplated  war  enlist, 
enroll,  or  be  drafted  in  the  military  or  naval  service  of  the  United 
States,  or  any  branch  or  unit  thereof,  he  shall  not  be  deemed  or 
held  to  have  thereby  resigned  from  or  abandoned  bis  said  office  or 
employment,  nor  shall  he  be  removable  therefrom  during  the  period  of 
his  service,  but  the  duties  of  his  said  office  or  employment,  shall  if 
there  is  no  person  authorized  by  law  to  perform  the  powers  and 
duties  of  such  officer  or  employe  during  said  period,  be  performed 
by  a  substitute,  who  shall  be  appointed  by  the  same  authority  who 
appointed  such  officer  or  employe,  if  such  authority  shall  deem  the 
employment  of  such  substitute  necessary.  Such  substitute  shall 
receive  so  much  of  the  salary  or  wages  attached  to  said  office  or 
employment  as  shall  not  be  paid  to  the  dependent  or  dependents  of 
said  officer  or  employe,  as  hereinafter  provided,  and  such  substitute 
may  receive  such  further  compensation  from  appropriations  made 
for  that  purpose  or  otherwise,  as  may  be  required,  when  added  to  the 
amount  received  under  the  provisions  of  this  act,  to  constitute  a 
reasonable  compensation  for  his  services,  in  the  opinion  of  the  author- 
ity appointing  him. 

Sec.  1,  Art  of  June  7,  1017,  P.  L.  GOO. 

A  State  employe  who  enlisted  in  the  United  States  Military  Service  and 
resigned,  finally  severing  his  employment  with  the  State,  previous  to  the  ap- 
proval of  this  act,  would  not  come  within  its  provisions.  On  the  other  hand, 
if  he  was  away  on  leave  of  absence,  or  other  temporary  arrangement,  he 
would  come  within  its  provisions:  In  re  payments  to  dependents  of  enlisted 
State  employes.  Opinion  by  Wm.  II.  Keller,  First  Dep.  Atty.  Gen.,  S 
Dept.  Rep.  2988. 

This  act  does  not  apply  to  State  officers  and  employes  enlisting  in  the 
National  Guard  of  Pennsylvania  until  this  branch  is  mustered  into  the 
United  States  service.  Tn  re  payments  to  dependents  of  enlisted  State  employes, 
Opinion  by  Wm.  II.  Keller,  Firs-  Dep.  Atty.  Gen.,  S  Dept.  Rep.  2190, 


202 

The  act  applies  to  all  employes  of  the  State,  without  regard  to  rank,  and 
without  regard  to  the  rank  in  which  they  enter  the  army  or  navy  service : 
In  re  payment  to  dependents  of  enlisted  State  Employes,  Opinion  by  Wm,. 
M.  Hargest,  Dep.  Atty.  Gen.,  3  Dept.  Rep.  2313. 

The  act  does  not  apply  to  the  employes  of  the  penitentiaries,  reformatories, 
or  other  institutions  similarly  operated  by  the  Commonwealth :  In  re  State 
Officers  and  Employes.  Opinion-  by  Emerson  Collins,  Dep.  Atty.  Gen.,  3 
Dept'.  Rep    31f05. 

One  entering  an  Officers  Training  Camp  is  entitled  to  the  benefit  of  this  act : 
In  re  payments  to  dependents  of  State  Employes,  Opinion  by  Emerson  Collins, 
Dept.  Atty.  Gen.,  3  Dept.  Rep.  3 ',1,1. 

One  who  was  regularly  employed  in  good  faith  in  the  service  of  the  Com- 
monwealth, and  subsequently  enlisted,  enrolled  or  was  drafted  into  the 
•military  or  naval  service  of  the  United  States,  is  entitled  to  the  benefits  of 
this  act,  even  though  his  employment  began  after  the  passage  of  the  act : 
In   re    payments    to    dependents    of   enlisted    employes,    Opinion    by    Win.    M1. 

m 

Hargest,  Dep.  Atty.  Gen.,  Jf  Dep.  Rep.   >i.2o. 

Since  this  act  applies  only  to  appointive  officers  or  employes,  regularly 
employed  by  the  State  i&  its  civil  service,  and  this  letter  term  includes  all 
officers  and  positions  of  trust  or  employment  in  the  service  of  the  State,  or 
of  any  political  or  civil  division  thereof  or  city,  except  such  offices  and  posi- 
tions in  the  naval  or  military  departments  one  who  is  employed  in  the 
military  department  of  the  State  and  who  moreover,  is  only  an  extra  employe, 
is  not  entitled  to  the  benefits  of  the  act.  In  re  payments  to  dependents  of 
enlisted  State  employes,  Opinion  by  Win.  M.  Hargest,  Dep.  Atty.  Gen.,  3 
Dept.  Rep    29>,9. 

1522.  Any  said  officer  or  employe,  so  enlisting,  enrolling,  or  draf- 
ted, and  having  a  dependent  or  dependents  as  aforesaid,  may,  at  the 
time  of  his  enlistment,  enrollment,  or  draft,  or  immediately  there- 
after, file  with  the  head  or  chief  of  the  department,  bureau, 
commission,  or  office  in  which  he  is  employed,  *a  statement  in  writing, 
executed  under  oath,  setting  forth  the  fact  and  date  of  his  enlistment, 
enrollment  or  draft,  his  intention  to  retain  his  said  office  or  employ- 
ment, and  to  resume  the  duties  thereof  after  the  expiration  of  his 
service  in  the  military  or  naval  service,  or  any  branch  or  unit  thereof; 
and  the  names  and  addresses  of  his  wife,  children,  and  dependent 
parent  or  parents,  if  any  such  lie  have;  and  requesting  and  directing 
that  one-half  of  the  salary  or  wages  of  his  said  office  or  employment, 
not  exceeding  two  thousand  ($2,000.00)  dollars  per  annum,  shall  be 
paid  during  his  service  in  the  military  or  naval  service  or  any  branch 
or  unit  thereof  as  follows:  Tf  he  have  a  wife,  to  his  wife,  for  her 
use  and  that  of  his  children;  if  he  have  any  children  and  no  wife, 
then  to  such  person  as  he  may  designate  for  the  use  and  benefit  of 
his  children.  If  he  have  a  dependent  parent  or  parents,  then  he  shall 
direct  such  sura  as  he  has  theretofore  been  accustomed  to  contribute 
to  their  support  to  be  paid  to  them  and  the  amount  payable  to  his 
wife,  or  children,  if  any  he  have,  shall  be  proportionately  decreased.  If 
he  have  no  wife  or  children  he  may  direct  the  entire  one-half  of  his  sal- 
ary or  wages,  not  exceeding  two  thousand  ($2,000.00)  dollars  per  an- 


203 

mini,  to  be  paid  to  his  dependenl  parent  or  parents  it'  any  such  he 
have;  all  sums  so  directed  to  be  paid  shall  be  paid  to  the  person  desig 
Dated,  in  the  same  proportional  installments,  as  nearly  as  may  be,  as 
the  salary  or  wages  of  such  person  were  theretofore  paid  to  him.  With 
such  statement  he  shall  also  file  powers  of  attorney,  authorizing 
the  proper  dependents  to  receive  their  proportion  of  said  salary  or 
wages  as  aforesaid. 

Sec.  2,  A.-t  of  June  7,  1917,  P.  L.  600. 

The   payments  will   not   be   paid   to   the   party   enlisting  but   to   his  w 
children   <>r  dependent    parents.     In   re  payments   l"   dependents   of  enlisted 
Stale  Employes,  Opinion   by   William  M.   Hargcst,  Dep.   Atty.  Oen.,  8  Dept. 
Rep.  2818. 

Where  a  wife,  child,  or  parent,  has  no  means  of  support  other  than  such 
as  may  be  provided  by  the  one  so  entering  such  service,  the  case  is  within 
the  scope  of  this  act.  It  does  not  apply  where  the  nominated  dependents 
have  independent  means  of  their  own  ample  and  adequate  to  maintain  them 
suitably  withoul  aid  or  assistance  from  otheirs.  Only  those  who  are  actually 
dependent  upon  those  temporarily  leaving  the  civil  service  of  the  State  or  a 
county,  municipality,  township,  or  school  district  to  enter  the  military  or 
naval  service  of  the  United  States  are  within  the  intendments  of  the  act  as 
beneficiaries  thereof.  That  the  salary  or  pay  of  one  entering  the  service 
may  be  larger  than  what  he  has  previously  received  from  the  State  would  not, 
of  itself,  defeat  payment  to  his  dependents:  In  re  payments  to  dependents 
of  enlisted  State  Employes,  Opinion  by  Emerson  Collins,  Dep.  Atty.  Gen:, 
8  Dept.  Rep.  8287. 

Under  the  provisions  of  the  section  the  full  one-half  of  the  wages  of  such 
officers  or  ei  ■  ;  loyrs  enlist  ■  I  e  United  States  service  shall  be  paid  to  his 

dependent  parents,  in  case  there  are  no  children.  When  there  are  children. 
then  such  sum  as  the  enlisting  employe  had  theretofore  been  accustomed  to 
contribute  to  the  support  of  his  dependent  parents  shall  be  paid  to  them, 
and  the  amount  payable  to  his  wife  or  children  shall  be  proportionately  de- 
creased: In  re  payments  to  dependents  of  enlisted  State  Employes,  Opin- 
ion hp  Wm.  II.  Keller,  First  Dep.  Atty.  Gen.,  8  Dept.  Rep.  2190* 

An  employe,  eligible  to  the  benefit  of  this  act,  acquires  for  his  dependents 
the  benefit  of  this  act  only  from  the  date  from  which  he  makes  formal  claim, 
in  accordance  with  the  provisions  of  the  act.  The  act  is  not  retroactively 
cumulative  and  dues  nol  therefore  carry  with  it  back  pay  for  the  time  that 
elapsed  between  the  passage  of  the  act  and  the  filing  of  the  State  employe's 
claim  and  affidavit:  In  re  payments  to  dependents  of  enlisted.  State  Em- 
ployes, opinion  by  Wm.  If.  Keller,  First  Dep.  Atty.  den..  8  Kept.  Rep.  2988. 

L528.  The  statement  required  to  be  filed  by  section  two  of  this  acl 
shall  be  prima  facie  evidence  of  the  dependency  of  any  person  named 
as  a  dependent  in  said  statement:  but  the  head  of  any  department, 
bureau,  commission,  or  office  may.  in  case  of  doubt,  satifsy  himself 
as  to  the  fact  of  such  dependency,  and  if  the  person  so  nominated  as 
a  dependent  was  not.  in  fact,  dependenl  upon  the  officer  or  employe 
enlistine-  enrollino  or  dratted  in  the  military  or  naval  service  or  any 
branch  or  unit  thereof,  at  the  time  of  his  enlistment,  enrollment  or 
draft,  shall  refuse  to  make  any  paymenl  i<>  such  person  on  account  of 


204 

the  salary  or  wages  of  such  officer  or  employe.  Such  head  of  a  depart- 
ment, bureau,  commission,  or  office  shall  also  satisfy  himself,  before 
making  payments  to  dependents  under  the  provisions  of  this  act, 
that  the  officer  or  employe  was  alive  during  the  period  for  which  any 
tayment  is  made.  No  payment  shall  be  made  under  the  provisions 
of  this  act  to  any  officer  or  employe  enlisting,  enrolling,  or  drafted, 
as  aforesaid,  and  so  much  of  the  salary  or  wages  of  such  officer  or 
employe  as  is  not  paid,  under  the  provisions  of  this  act,  to  his  depend- 
ents and  his  substitute,  shall  be  recovered  back  into  the"  fund  from 
which  said  salary  or  wages  is  paid. 

Sec.  3,  Act  of  June  7,  1917,  P.  L.  600. 

The  head  of  any  given  department,  bureau,  commission,  or  office  is  vested 
with  the  power  and  duty  of  finding  the  fact  of  dependency  in  all  doubtful 
cases  and  making  payment  or  not  as  dependency  may  be  determined :  In 
re  payments  to  dependents  of  enlisted  State  Employes,  Opinions  by  Emerson 
Collins,  Dep.  Atty.  Gen.,  3  Dept.  Rep.  3237.  Also,  In  re  payments  to  de- 
pendents of  State  Employes,  Opinion  by  Emerson  Collins,  Dep.  Atty.  Gen., 
S  Dept.  Rep.  3441. 


CHAPTER  XXVIII. 

STATE  ASSOCIATION  OF  TOWNSHIP  SUPERVISORS  AND 

COMMISSIONERS. 

For  provisions  relating  to  county  associations  of  township  super- 
visors and  commissioners,  see  sections  195  to  198,  inclusive. 

1524.  The  formation  of  a  State  association  of  township  supervisors 
is  hereby  authorized.  The  association  shall  hold  annual  meetings, 
at  such  time  and  place  within  the  Commonwealth  as  it  may  designate, 
for  the  purpose  of  discussing  various  questions  and  subjects  pertain- 
ing to  the  duties  of  township  supervisors  and  township  commissioners, 
and  for  the  purpose  of  devising  uniform,  economical,  and  efficient 
methods  of  administering  the  affairs  of  townships. 

Sec.  1,  Act  of  May  5,  1921,  P.  L.  397. 

1525.  Each  county  association  of  township  supervisors  and  com- 
missioners shall  send  one  township  supervisor  or  commissioner  for 
each  ten  townships,  or  fraction  thereof,  within  said  county,  as  a 
delegate  to  each  annual  meeting  of  said  State  association. 

Sec.  2,  Act  of  May  5,  1921,  P.  L.  397. 

1526.  The  expenses  of  the  delegate  attending  the  annual  meeting 
shall  not  exceed  four  dollars  per  day  for  each  delegate  for  not  more 
than  three  days,  together  with  the  actual  mileage  at  the  prevailing 


205 

rate  of  railroad   fare,  and   shall   be  paid   by  the  respective  county 
associations. 

See.  3,  Act  of  May  5,  1921,  P.  L.  397. 

1527.  The  expenses  of  the  annual  meeting,  including  expenses  of 
committees,  printing,  and  stenographers,  shall  be  paid  pro  rata  by 
the  respective  county  iissociations,  and  shall  not  exceed  ten  dollars 
for  each  county  association. 

Sec.  4,  Act  of  May  5,  1921,  P.  L.  397. 

1528.  Within  thirty  days  after  each  annual  meeting  of  the  State 
association,  the  treasurer  of  the  respective  county  association  shall 
file,  with  the  county  treasurer,  an  itemized  statement,  under  oath, 
setting  forth  where  and  when  the  annual  meeting  of  the  State  as- 
sociation was  held,  the  number  of  delegates  from  the  respective 
association  in  attendance,  and  the  expenditures  due  from  the  county 
association  for  each  annual  meeting. 

Sec.  5.  Act  of  May  5,  1921,  P.  L.  397. 

1529.  The  county  treasurer  shall  pay  to  the  treasurer  of  the 
respective  county  association,  out  of  the  county  funds,  the  amount 
expended  by  the  county  association  under  the  provisions  of  this  act. 

Sec.  6,  Act  of  May  5,  1921,  P.  L.  397. 


CHAPTER  XXIX. 

INCOMPATIBLE    OFFICES. 

L530.  No  member  of  Congress  from  this  State,  nor  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise  any 
office  in  this  State  to  which  a  salary,  fees  or  perquisites  shall  be  at- 
tached. The  General  Assembly  mav  bv  law  declare  what  officers  ore 
incompatible. 

Constitution  of  Pennsylvania.   Sec.  2,  Art.  XII. 

The  prohibition  contained  in  the  first  sentence  of  this  section  is  operative 
and  may  be  enforced  without  legislative  aid:  DeTurk  v.  Commonwealth,  t29 
Pa.  151. 

The  last  sentence  of  the  section  relates  to  offices  not  within  the  constitu- 
tional prohibition,  and  authorizes  the  legislature  to  declare  them  incom- 
patible: Commonwealth  r.  Ford,  5  Pa.  67:  DeTurk  v.  Commonwealth.  129 
Pa,  151. 

1531.  Nothing  in  this  act,  or  in  the  act  to  which  this  is  a  supple- 
ment, contained,  shall  be  construed  to  prohibit  a  judge,  inspector, 


200 

or  clerk  of  election  from  being  voted  for  to  fill  any  township  office, 
or  render  either  or  any  of  them  ineligible  to  hold  the  same. 

Part  of  Sec.  2,  Act  of  June  13,  1840,  P.  L.  083. 

The  office  of  township  supervisor  is  a  civil  office  within  the  meaning  of 
section  15,  article  8,  of  the  constitution,  and  an  election  officer  is  ineligible 
to  the  office  if  filled  at  the  election  at  which  he  served.  Section  2  of  the 
act  of  June  13,  1840,  P.  L.  683,  is  inconsistent  with  the  provisions  of  the 
said  section  of  the  constitution  and  is  repealed  thereby :  Comm.  v.  Edwards, 
24  D.  R.  129,  s.  c.  13  Del.  28;  Comm.  v.  MoCormick,  36  Pa.  C.  C.  253, 
s.  c.  18  D.  R.  61,1. 

This  section  was  not  repealed  by  the  constitution  of  1874,  and  an  election 
officer  in  a  township  may  be  elected  as  school  director  at  an  election  which 
he  assists  in  holding :  Comm.  v.  McCorkle,  61,  P.  L.  J.  356,  s.  c.  11,  Del. 
112;  30  York  2k;  26  D.  R.  135. 

This  section  allows  an  election  officer  to  hold  any  township  office  which 
is  filled  at  an  election  at  which  he  serves.  A  clerk  of  elections  may  be 
elected  to  the  office  of  township  supervisor :  Election  of  Walker  as  Super- 
visor of  Carbondale  Township,  3  Luz.  ISO. 

This  section  is  still  in  force,  and  an  election  officer  is  eligible  to  the 
office  of  supervisor  when  elected  at  an  election  at  which  he  serves:  Comm. 
v.  West,  19  D.  R.  269. 

A  judge  of  elections  is  eligible  as  a  candidate  for  the  office  of  township 
collector  at  the  election  at  which  he  serves  as  judge :  McKenzie's  Election, 
13  Pa.  C.  C.  51,6,  s.  c.  2  D.  R.  518. 

1532.  Any  citizen  of  this  Commonwealth  having  a  good  moral 
character,  being  twenty-one  (21  j  years  of  age  or  upwards,and  having 
been  a  resident  of  the  district  for  at  least  one  (1)  year  prior  to  the 
date  of  his  election  or  appointment,  shall  be  eligible  to  the  office  of 
school  director  therein:  Provided,  That  any  person  holding  the  office 
of  mayor,  chief  burgess,  county  commissioner,  district  attorney,  city, 
borough,  or  township  treasurer,  city  councilman,  township  commis- 
sioner, road  supervisor,  tax-collector,  any  comptroller,  auditor,  con- 
stable, county  superintendent  or  assistant  county  superintendent 
shall  not  be  eligible  as  a  school  director  in  this  Commonwealth. 

Sec.  207,  Act  of  May  18,  1911,  P.  L.  309,  as  amended  by  Sec.  1,  Act  of 
June  20,  1919,  P.  L.  517. 

1533.  Xo  justice  of  the  peace,  member  of  council,  or  other  officers, 
except  school  directors,  constables,  or  election  officers,  shall,  at  the 
same  time,  be  a  member  of  the  board  of  health  of  such  municipality, 
or  hold  any  office  or  appointment  under  the  same. 

Sec.  20,  Act  of  June  18,  1895,  P.  L.  203,  as  amended  by  Sec.  1,  Act  of 
April  3,  1903,  P.  L.  138.  This  section  is  not  repealed  by  the  Act  of  May 
14,  1909,  P.  L.  855:  Comm.  v.  Evans,  59  Super.  Ct.  607,  affirming  31 
Lane.  L.  R.  1,01. 


207 
CHAPTER  XXX. 

TAXATION. 

This  chapter  does  not  include  the  numerous  provisions  of  existing  law 
relating  to  the  assessment  <f  property  and  persons  for  taxation  purposes, 
or  the  duly  of  assessors,  <>r  the  sale  of  seated  and  unseated  lands  by  the 
county  treasurer  for  non-payment  of  taxes.  The  assessments  upcn  which 
township  taxes  arc  levied  arc  the  assessments  made  for  county  purposes, 
the  duties  performed  by  the  assessors  are  really  performed  for  the  county, 
and  tax  sales  are  conducted  by  the  county  and  not  township  authorities. 
Provisions  of  the  law  relating  to  the  levy  and  collection  of  taxes  which  were 
peculiar  to  townships  were  incorporated  in  "The  General  Township  Act"  of 
July  14,  1917,  and  are  found  in  Chapter  VIII,  Articles  I  and  II,  sections 
390  to  439  inclusive.  The  provisions  included  in  this  chapter  are  such  as 
are  general  in  character,  but  of  interest  to  persons  concerned  with  taxation 
for  township  purposes. 

In  addition  to  the  provisions  included  in  this  Chapter  and  in  Chapter 
VIII,  authority  for  the  levying  of  taxes  for  particular  purposes  will  be 
found  in  the  following  sections,  viz :    2014-2018,  2047. 

Attention  is  also  called  to  the  Act  of  June  10,  1881,  P.  L.  105,  which 
provides  that  when  any  local  or  special  law  in  any  township,  which  pro- 
vided for  the  levy,  assessment  and  collection  of  road  taxes,  is  repealed,  the 
general  road  law  shall  apply.  This  act  seems  to  be  declaratory  to  the  gen- 
eral rule  in  such  cases. 

(a)      Certain  Classes  of  Property  Not  Taxable  for  Township 

Purposes. 

1534.  Hereafter  no  law  of  this  Commonwealth  rendering  moneys 
owing  by  solvent  debtors  liable  to  be  assessed  and  taxed  for  any  pur- 
pose shall  be  construed  and  held  to  make  the  same  liable,  to  be  as- 
sessed and  taxed  for  borough  and  township  purposes;  but  the  same 
shall  be  exempt  from  any  charge,  tax  or  assessment  for  any  such 
purposes:  Provided,  That  nothing  in  this  act  contained  shall  be  held 
to  apply  to  any  case  in  which  such  taxes  have  been  heretofore  act- 
ually assessed  and  paid. 

Sec.  22,  Act  of  Apr.  25,  1850,  P.  L.  569. 

A  borough  has  no  authority  to  assess  and  levy  a  tax  upon  money  at 
interest,  or  money  owing  by  solvent  debtors.  This  section  is  not  repealed 
by  Clause  24,  Section  2  of  the  Act  of  April  3,  1851,  P.  L.  320.  Qoepp  v. 
Borough  of  Bethlehem,  28  Pa.  21,9. 

Xone  of  the  classes  of  property  made  taxable  by  this  section  for  county 
purposes,  and,  in  cities  coextensive  with  counties,  for  city  and  county  pur- 
poses, shall  be  taxed  or  taxable  for  any  other  purpose  or  for  state  pur- 
poses under  the  laws  of  this  Commonwealth. 

Last  proviso  of  Sec.  1,  Act  of  June  17,  1913,  P.  L.  507. 


208 

This  section  of  the  Art  of  June  17,  1913,  enumerates  the  classes  of  per- 
sonal property  which  are  taxable  for  county  purposes.  The  above  proviso 
prohibits  the  levy  of  township  taxes  upon   such   property. 

(b)     Assessors. 

(1)     In  Townships  of  the  First  Class. 

1535.  In  every  year  in  which  takes  place  the  triennial  assessment 
of  property  for  taxation,  the  qualified  voters  in  each  township  of  the 
first  class  shall  elect,  at  the  township  election,  two  citizens,  resident 
in  said  township,  to  be  assistant  assessors ;  and  the  triennial  assess- 
ment of  property  for  taxation,  provided  for  by  existing  laws,  shall  be 
made  in  each  township  of  the  first  class  by  the  township  assessor  and 
the  said  assistant  assessors,  subject  to  correction  by  the  County  Com- 
missioners and  to  appeal  by  taxable  persons  in  accordance  with  ex- 
isting laws:  (Provided,  however,  that  for  the  triennial  assessment 
which  is  to  take  place  in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  three,  two  such  assistant  assessors  shall  be  appointed 
by  the  board  of  township  commissioners  of  each  toAvnship  of  the 
first  class.) 

Sec.  1,  Act  of  April  23,  1903,  P.  L.  284. 

In  view  of  the  schedule  to  the  Constitution  of  November  2,  1909,  and  the 
amendments  to  the  Constitution  changing  the  municipal  election  to  every 
second  year,  this  system  seems  no  longer  practicable. 

The  first  clause  of  this  section  relating  to  the  election  of  two  assistant 
assessors  is  impliedly  repealed  by  section  121,  supra,  of  The  General  Town- 
ship Act,  and  the  proviso  to  the  section  is  obsolete.  This  leaves  in  force 
the  clause  giving  power  to  the  assessor  and  assistant  assessors  to  make 
triennial  assessments. 

1536.  The  duties  of  the  assistant  assessors  provided  for  in  this 
act  shall  extend  only  to  the  valuation  of  property  for  taxation,  and 
nothing  in  this  act  shall  be  construed  to  supply  or  affect  the  provision 
of  any  statute  providing  for  the  election  of  assistant  assessors  for 
making  the  registry  list  of  voters,  or  the  performance  of  other  duties 
relating  to  elections. 


■■& 


Sec.  2,  Act  of  April  23,  1903.  P.  L.  284. 

The  assistant  assessor  who  makes  the  registry  list  of  voters  is  elected 
under  the  act  of  June  16,  1891,  P.  L.  298,  as  amended  by  Act  of  Apr.  20, 
1917,  P.  L.  87. 

1537.  The  assessors  and  assistant  assessors  in  townships  of  the 
first  class  shall  each  receive  as  compensation  for  his  services  five 
dollars  per  diem,  for  each  day  actually  employed  in  the  duties  of  his 
office,  to  be  computed  and  paid  as  provided  by  existing  laws  with 
reference  to  the  compensation  of  assessors. 

Sec.  3,  Act  of  April  23,  1003,  P.  L.  284. 


201) 

1538.  The  township  assessor  shall  receive  as  compensation  for 
his  services  five  dollars  per  diem,  for  each  day  actually  employed  in 
the  intervening  years  between  the  years  the  triennial  assessment  is 

made. 

Sec.  2,  An   of  Apr.  20,   1905,  P.  L.  236. 

The  township  assessor  referred  to  is  the  assessor  in  first  class  townships. 

1539.  The  assessor  in  each  township  of  the  lirsi  class  in  this  Com- 
monwealth shall  receive,  as  compensation  for  his  services,  ten  ($10.00) 
dollars  per  diem  for  each  day  actually  employed  by  him  in  the  per- 
formance of  the  duties  of  his  office,  both  in  making  the  triennial  as- 
sessment and  in  making  the  supplemental  assessments,  in  the  in- 
tervening years  between  the  years  of  the  triennial  assessment:  the 
said  compensation  to  be  paid  by  the  county  as  heretofore.  The  com 
pensation  of  the  assistant  assessors  in  the  said  townships  of  the  first 
class  shall  be  five  ($5.00)  dollars  per  diem  for  each  day  actually  em- 
ployed by  them,  respectively,  in  the  performance  of  the  duties  of 
their  office;  to  be  paid  by  the  county  as  heretofore. 

Sec.  1,  Act  of  May  20,  1913,  P.  L.  264.  This  act  was  held  unconstitu- 
tional for  the  reason  that  its  title  fails  to  give  notice  of  the  shifting  of  the 
jurisdiction  cf  the  county  commissioners  to  audit  and  adjust  the  accounts 
of  assessors  to  the  township  commissioners.  (See  section  3  of  this  act.) 
The  compensation  of  assessors  of  first  class  townships  is  fixed  by  Sec.  2, 
of  the  Act  of  April  20,  1905,  P.  L.  236  at  $5.00  a  day:  KowalsM  v.  North- 
umberland  County,  .l~>   1).   U.   SIS. 

The  Act  of  1905  referred  to  in  the  above  case  provides  only  for  com- 
pensation in  the  intervening  years  between  the  triennials.  For  compensa- 
tion of  the  assessor  and  assistant  assessors  during  the  year  of  the  triennial, 
see  the  Act  of  Apr.  23,  1903,  P.  L.  284,  Sec.  3. 

1540.  The  said  assessors  and  assistant  assessors  shall  make  return, 
on  Oiath  or  affirmation,  to  the  township  commissioners  of  the  proper 
township,  of  the  number  of  days  actually  employed  by  them  in  the 
performance  of  the  duties  of  their  office;  and  the  township  commis- 
sioners are  hereby  empowered  to  summon  the  respective  assessors 
and  assistant  assessors  before  them,  and  examine  them,  upon  oath 
or  affirmation,  as  to  the  accuracy  of  the  said  return.  When  the  town- 
ship commissioners  shall  have  determined,  either  from  the  returns 
of  the  assessors  and  assistant  assessors  or  from  their  examination  of 
them,  as  aforesaid,  the  number  of  days  actually  employed  by  them, 
respectively,  in  the  performance  of  duties  of  their  office,  they  shall 
certify  the  same  to  the  county  commissioners;  and  the  said  certi- 
ficates shall  be  final  and  conclusive  as  to  the  number  of  days  actually 
employed  by  the  said  assessor  and  assistant  assessors  in  the  perform- 


14 


210 

ance  of  tfie  duties  of  their  office,  upojn  which  their  compensatioD  is 
to  be  calculated,  as  aforesaid. 

Sec.  3,  Act  of  May  20,  1913,  P.  L.  264.  See  notes  to  section  immediately 
preceding. 

1541.  The  assessors  of  townships  of  the  first  class  be  furnished  by 
the  county  commissioners  with  all  books,  blank-forms  and  papers 
four  months  prior  to  the  day  appointed  for  appeal. 

Sec.  1,  Act  of  Apr.  20,  1905,  P.  L.  236. 

ir>12.  In  case  the  assessors  in  any  township  of  the  first  class  in 
this  Commonwealth  are  not  able  properly  to  complete  the  triennial 
assessment  of  property  in  their  township,  and  make  return  thereof 
to  the  county  commissioners,  on  or  before  the  thirty  first  day  of  Dec- 
ember, as  provided  by  law,  it  shall  be  lawful  for  the  said  assessors  to 
continue  the  performance  of  their  duties,  and  to  make  return  of  their 
assessment  to  the  county  commissioners  after  the  said  thirty-first 
day  of  December:  Provided.  That,  unless  prevented  by  sickness  or 
by  stress  of  weather,  the  said  assessor  shall  be  continuously  engaged 
in  the  actual  performance  of  their  duties,  from  and  after  the  date  of 
the  delivery  of  the  precept  to  them,  until  the  assessment  is  completed 
and  their  return  thereof  made:  And  provided  further,  That  in  no 
case  shall  the  return  of  the  said  assessment  be  made  later  than  the 
fifteenth  day  of  February  of  the  year  following  the  delivery  of  the 
precept  to  the  said  assessors. 

Sec.  2,  Act  of  May  20,  1913,  P.  L.  264.  See  Kowalshi  v.  "Northumberland 
Co..  25  D.  7?.  •?/.?.  holding  this  act  unconstitutional  for  provisions  contained 
in    the    third    section. 

(2)     In  Townships'of  the  Second  Class. 

1543.  It  shall  be  the  duty  of  each  assessor  and  assistant  assessor 
of  each  township  of  the  second  class,  borough,  and  ward  in  a  bor- 
ough to  keep  an  account  of  the  several  days  by  him  actually  employed 
in  the  performance  of  his  duties  and  to  make  return  of  the  same  to 
the  county  commissioners,  verified  by  his  oath  or  affirmation,  and  for 
each  clay  so  employed  he  shall  receive  the  sum  of  five  dollars. 

Act  of  April  4.  1919,  P.  L.  35,  as  amended  by  Act  of  May  12,  1921,  P.  L. 

286. 

The  assessor  under  the  above  act.  shall  keep  account  of  days  actually 
employed  in  the  performance  of  his  duties  for  which  he  shall  receive  five 
dollars  per  day,  but  he  must  follow  the  procedure  prescribed  by  the  Act  of 
Assembly  by  filing  with  the  County  Commissioners  a  statement  of  the  days 
employed  and  the  amount  claimed  for  his  services,  and  also  present  the 
same  to  the  controller  for  his  endorsement  or  audit:  Voltz.  v.  County  of 
Erie,  S  Erie  Co.  L.  J.  52. 


211 
(3)     Filling  of  Vacancies  in  the  Office  of  Assessor. 

1544.  If  the  electors  of  any  township  shall  fail  to  choose  an  as- 
sessor or  assistant  assessor  at  the  time  appointed  by  Law,  or  if  any 
poison  riffled  to  such  office  shall  neglect  or  refuse  to  serve  therein, 
or  if  any  vacancy  shall  happen  therein,  by  death  or  otherwise,  the 
commissioners  of  the  county  shall  appoint  a  tit  person  to  till  the  ollice 
who  shall  have  the  same  powers,  be  subject  to  the  same  penalities, 
ami  receive  the  same  compensation^  as  if  ho  had  been  elected  in  man- 
ner aforesaid. 

Sec.  87,  Act  of  Apr.  15,  1834,  P.  L.  537. 

L545.  Whenever  the  commissioners  of  any  county  shall,  under 
existing  laws  appoint  a  person  to  fill  the  office  of  assessor,  such  person 
shall  serve  until  the  next'electiou  for  assessors  as  provided  by  this 
act. 

Sec.  4,  Act  of  Fob.  14,  1889,  P.  L.  7. 

The  provisions  of  this  section  are  constitutional :  Comm.  v.  Coleman,  9 
Pa.  C.  C.  90.  The  commissioners  may  not  appoint  an  assessor  until  they 
have  tendered  the  precept  to  the  assessor  who  has  been  elected:  Comm.  v. 
Greffory,  6  Luz.  L.  R.  121.  Where,  on  the  trial  of  a  contested  election  for 
the  office  of  assessor,  the  court  of  quarter  sessions  finds  that  there  is  a 
\  acaney,  the  commissioners  appoint.  The  court  may  not  order  a  new 
election  :    Street  v.  Comm.  6  W.  &  S.  209. 

154().  Whenever  an  assessor  refuses  or  neglects  to  qualify  as  re- 
quired by  law,  or  refuses  or  neglects  to  receive  the  precept  and  books 
for  the  triennial  or  other  assessment,  the  commissioners  are  hereby 
authorized  to  appoint  a  suitable  person  to  serve  as  assessor  on  the 
eighth  day  after  the  time  designated  by  law  to  begin  the  assessment. 

Sec.  1,  Act  of  May  5,  1897,  P.  L.  39. 

(c)     Registration  of  Real  Estate  in  Townships  of  the  First  Class. 

1547.  Before  the  recorder  of  deeds  of  any  county,  wherein  there  is 
no  board  for  the  assessment  and  revision  of  taxes  for  State  and 
county  purposes,  shall  admit  to  record  in  his  office  any  deed  of  con- 
veyance of  land  in  any  township  of  the  first  class  within  said  county, 
he  shall  charge,  and  collect  from  the  person  presenting  the  said  deed 
of  conveyance  for  record,  the  sum  of  fifteen  (15)  cents,  as  a  fee  for 
the  service  hereinafter  prescribed;  and,  at  the  time  of  admitting  the 
said  deed  of  convevance  to  record,  the  said  recorder  of  deeds  shall 
transmit  to  the  town  clerk  of  the  township  of  the  first  class,  in  which 
the  said  land  so  conveyed  may  be  located,  an  abstract  of  the  said 
deed  of  convevance,  giving  the  name  of  the  grantor,  the  name  and 
address  of  the  grantee,  the  acreage  conveyed,  if  mentioned,  and  the 
consideration  money  mentioned;  and,  if  the  land  conveyed  be  a  lot 


212 

or  lots  on  a  recorded  plan,  the  number  or  numbers  by  which  the  same 
may  be  designated  on  the  plan,  if  mentioned  in  the  deed;  and  it  shall 
be  the  duty  of  the  town  clerk  to  note  the  said  deed  of  conveyance 
in  the  record  books  hereinbefore  directed  to  be  kept,  in  the  manner 
hereinbefore  prescribed ;  and  it  shall  be  the  further  duty  of  the  town 
clerk,  without  any  fee  or  compensation  therefor,  other  than  the 
salary  of  his  office,  to  ascertain  and  note  on  the  said  record  hooks 
the  election  district  or  districts  of  the  said  township  in  which  the  said 
land  so  conveyed  may  be  located. 

Sec.  2,  Act  of  April  29,  1909,  P.  L.  275,  as  amended  by  Sec.  2,  Act  of 
May  14,  1915,  P.  L.  489.  Sec.  1  of  this  act  was  repealed  by  the  township 
code.  Provisions  similar  to  the  first  section  of  this  act  are  contained  in  si c- 
tion  303. 

1548.  It  shall  be  the  duty  of  the  assessor  and  assistant  assessor 
in  each  township  of  the  first  class,  before  making  the  triennial  assess- 
ment, to  examine  the  record  books  required  by  this  act  to  be  kept,  and 
to  assess  each  tract,  piece,  parcel,  or  lot  of  land  in  the  said  township 
in  the  name  of  the  owner  thereof,  as  shown  by  the  said  record  books ; 
and  it  shall  further  be  the  duty  of  the  assessor,  in  the  years  inter- 
mediate between  the  triennial  assessments,  to  revise  the  preceding 
assessment  according  to  the  changes  of  ownership  as  shown  by  the 
record  books,  so  that  each  tract,  piece,  parcel,  or  lot  of  real  estate 
in  the  said  township  shall  be  assessed  in  the  name  of  the  then  owner 
as  shown  by  the  said  record  books,  and  to  return  the  said  revised 
assessment  to  the  county  commissioners  in  the  manner  directed  by 
law. 

Sec.  3,  Act  of  April  29,  1909,  P.  L.  275. 

1549.  It  is  the  purpose  and  intent  of  this  act  to  provide  a  system 
of  registration  of  real  estate  in  townships  of  the  first  class  within  this 
Commonwealth,  in  order  that,  as  far  as  may  be  practicable,  all  real 
estate  in  such  towmships  shall  be  assesed  for  taxation  in  the  name 
of  the  owner  at  the  time  of  the  assessment;  and  all  acts  or  parts  of 
acts,  general,  local,  or  special,  inconsistent  herewith,  be  and  the  same 
are  hereby  repealed. 

Sec.  4,  Act  of  April  29,  1909,  P.  L.  275. 
(d)     Appeals  From  Assessments  by  Townships  and  Taxpayers. 

1550.  The  corporate  authorities  of  any  borough,  township,  school 
district,  or  poor  district,  which  may  feel  aggrieved  by  any  assessment 
of  any  property  or  other  subject  of  taxation  for  its  corporate  pur- 
poses, shall  have  the  right  to  appeal  therefrom  to  the  proper  board  of 
revision,  court  of  common  pleas,  or  to  the  Supreme,  or  Superior 
court,  in  the  same  manner,  subject  to  the  same  procedure,  and  with 


213 

like  effect  as  if  such  appeal  were  taken  by  a  taxable  with  respect 
to  his  property. 

Sec.  1,  Act  of  May  10,  1921,  P.  L.  441. 

1551.  It  shall  be  lawful  for  any  person  aggrieved  by  such  pate 
or  assessment,  to  apply  by  petition  to  the  next  court  of  quarter 
sessions  of  the  respective  county,  who  shall  have  power  to  take  such 
order  thereupon  as  to  them  shall  be  thought  expedient,  and  the  same 
shall  conclude  and  bind  all  parties. 

Sec.  36,  Act  of  April  15,  1834,  P.  L.  509.  This  section  allows  an  appeal 
only  from  the  rate  or  assessment  and  not  where  the  complaint  is  against 
the  mode  and  form  of  the  collection  of  taxes:  Miller  et  al,  v.  Gorman  and 
Preston,  38  Pa.  809.  * 

If  a  taxpayer  neglects  to  avail  himself  of  the  remedy  furnished  by  the 
above  section  for  his  redress,  he  cannot  set  up  the  illegality  of  the  tax  as 
a  defense  in  an  action  to  recover  taxes  due :     Stewart  v.  Maple,  70  Pa.  256. 

1552.  If  any  person,  aggrieved  by  such  rate  or  asessment,  shall 
apply  to  a  judge  of  such  court,  and  give  bond  with  surety  to  the 
satisfaction  of  such  judge,  it  shall  be  lawful  for  such  judge  to 
make  an  order  in  writing,  which  shall  stay  all  proceedings  for  the 
collection  of  the  sum  with  which  such  person  stands  charged  until 
such  appeal  be  determined. 

Sec.  37,  Act  of  April  15,  1834,  P.  L.  509. 

1553.  The  bond  to  be  given  in  such  case  by  the  appellant  shall  be 
taken  in  the  name  of  the  township,  in  an  amount  equal  to  the  sum 
with  which  such  person  stands  charged,  with  condition  for  the  pay- 
ment of  such  sum,  as  by  the  determination  of  the  next  court  of 
quarter  sessions  of  the  respective  county,  shall  appear  to  be  payable 
by  him. 

Sec.  38,  Act  of  April  15,  1834,  P.  L.  509. 

(e)     Collection  of  Taxes. 

1554.  If  any  vacancy  shall  occur  in  the  office  of  tax-collector,  after 
any  borough  or  township  election,  by  reason  of  the  erection  of  any 
new  township  or  borough ;  or  if  the  duly  qualified  electors  of  any 
borough  or  township  shall  fail  to  elect  a  tax-collector;  or  when  a 
tax-collector  that  has  been  elected  shall  fail  to  qualify,  or  shall  fail 
or  neglect  to  perform  the  duties  of  such  office,  or  shall  neglect  to  give 
bond  on  or  before  the  fourth  day  of  the  term  of  quarter  sessions 
ensuing  his  election  •  or  if  any  other  vacancy  shall  occur  by  death, 
resignation,  or  otherwise, — the  county  commissioners  of  the  county, 
in  which  such  vacancy  exists,  shall  till  such  office  by  appointing  a 
suitable  person,  resident  of  the  district  in  which  such  vacancy  exists. 


214 

Such  appointment  shall  be  for  the  unexpired  term,  and  upon  petition 
of  the  borough  council  or  the  supervisors  or  the  township  commis- 
sioners, or  of  ten  citizens  of  the  borough  or  township  in  which  such 
vacancy  exists. 

Sec.  1,  Act  of  May  17,  1917,  P.  L.  221.  See  section  183  for  provisions 
regulating  the  filling  of  vacancies  in  the  office  of'  tax  collector  in  second 
class  townships. 

This  act  is  intended  to  cover  a  case  of  removal  of  an  appointed  tax  col- 
lector where  he  has  failed  to  qualify  by  renewing  his  bond:  'Cornm  r. 
Floyd,  21  Luz.  298. 

For  other  decisions  on  this  act  see  notes  to  section  183. 

1555.  If  no  person  resident  within  such  district  is  willing  to  accept 
the  appointment  to  fill  such  vacancy  in  the  office  of  tax-collector,  the 
authorities  authorized  to  levy  and  assess  taxes  in  such  district  shall 
petition  the  county  commissioners  for  the  appointment  of  a  tax 
collector.  Thereupon  the  county  commissioners  may  appoint  any 
citizen  of  the  county  to  collect  the  taxes  in  such  district. 

Sec.  2,  Act  of  May  17,  1917,  P.  L.  221.     See  section  183. 

1556.  The  county  commissioners  of  the  several  counties  shall,  on 
or  before  the  first  day  of  April  of  each  year,  at  the  expense  of  the 
county,  furnish  to  the  township  commissioners  of  each  township  of 
the  first  class,  for  its  use,  a  properly  certified  duplicate  of  the  last 
adjusted  valuation  of  all  real  estate,  personal  property,  and  accupa- 
tions  made  taxable  for  county  purposes  in  such  township  of  the  first 
class.  Such  duplicate  shall  state  the  name  of  each  taxable,  with  the 
valuation,  description,  and  kind  of  property  and  occupation  of  such 
taxable. 

Sec  T.  Act  of  May  5.  1915,  P.  L,.  258. 

3557.  Each  collector  of  taxes  before  he  assumes  the  duties  of  his 
office  shall  notify  the  county  treasurer,  in  writing,  setting  forth  his 
name,  address,  where  the  taxes  are  receivable,  the  office  hours  when 
he  sits  to  receive  taxes,  and  the  district  or  districts  for  which  he 
collects  taxes. 

Sec.  1,  A.-(  of  March  20,  1915,  P.  L.  11. 

1558.     The  county  treasurer  shall  procure,  at  the  expense  of  the 

county,  a  book  to  be  known  as  the  Tax  Collectors'  Address  Book, 

wherein  he  shall  cause  to  be  set  forth  and  indexed,  by  township  and 

by  borough,  and  by  name  of  collector,  the  information  furnished  him 

as  required  in  section  one  of  this  act.    Such  book  shall  be  kept  in  the 

office  of  the  county  treasurer,  and  shall  be  open  during  office  hours 

to  public  inspection. 

Sec.  2,  Act  of  March  2C>,  1915,  P.  L.  11. 


215 

1550.  Any  person,  who  neglects  or  refuses  to  comply  with  the  pro- 
visions of  this  ad  shall  on  conviction  summarily  before  any  alderman, 
magistrate  or  justice  of  the  peace  be  sentenced  to  pay  a  fine  not  more 
than  fifty  dollars. 

Sec.  3,  Art  of  March  26,  L915,  P.  L.  11. 

15<)0.  It  shall  and  may  he  lawful  lor  all  the  several  courts  of  any 
county  of  this  Commonwealth  to  require  of  the  proper  parties  of  any 
borough,  township,  or  district,  authorized  and  empowered  to  colleci 
special  taxes,  a  l*>nd  in  such  amount  as  the  court  shall  direct,  with 
one  or  more  sureties,  conditioned  for  the  faithful  collection  and  pay- 
ing over  of  all  special  taxes,  directed  to  be  assessed  and  collected  \'<>v 
i  he  purpose  of  paying  indebtedness  or  any  other  purpose,  in  pursuance 
of  the  provisions  of  any  law  now  in  force  or  hereafter  passed, 
which  bond  shall  be  filed  in  the  said  court  for  the  protection  of  all 
parties  interested  therein ;  and  in  case  the  said  officer  or  officers 
refuse  or  neglect  to  give  security  as  aforesaid  to  be  aproved  by  the 
court  within  the  time  ordered  by  the  court  it  shall  nevertheless  be 
the  duty  of  such  officer  or  officers  to  assess  and  to  levy  the  said 
taxes  as  required  by  law,  and  the  court  may  appoint  a  tax  collector 
who  shall  collect  the  said  taxes  and  pay  the  same  into  court,  to  be 
distributed  by  the  court  to  and  among  the  persons  entitled  thereto: 
Provided,  that  before  such  tax  collector  shall  enter  upon  his  duties, 
he  shall  give  a  bond  with  one  or  more  sureties  to  be  approved  by  the 
court,  for  the  faithful  performance  of  the  duties  of  his  appointment. 

Sec.    1.   A«t    of  May   25,   1S78.   P.   L.   150. 

The  fact  that  a  person  is  elected  general  tax  collector  of  a  township  dots  not 
of  itself  confer  the  right  upon  such  person  to  collect  special  taxes. 

Where  a  tax  collector  is  required  to  perform  a  duty  special  in  its  nature  and 
and  to  give  a  special  bond  for  its  faithful  performance  no  liability  attaches 
therefor  to  his  general  bondsmen  in  (lie  absence  of  an  express  declaration  or 
an  express  statutory  provision  to  the  effect  that  they  shall  be  so  liable  :  Comm. 
v.  Perrego,  J,0  Sup.  Ct.  320. 

Under"this  act  the  ccurt  may  require  a  bond  from  the  supervisors  if  they 
collect  a  special  tax  or  from  (lie  tax  collector  or  treasurer  when  they  collect 
special  taxes,  conditioned  for  the  faithful  collection  and  paying  over  of  the 
special  tax  to  the  parties  entitled  thereto:     Foster  Township,  2  D.  /?.    f/15- 

For  provision  relating  to  bond  of  treasurer  of  first  class  townships  as  tax 
collector,  see  seel  ion  L'75.  and  for  similar  provisions  relating  to  tax  collectors 
in  second  class  townships,  see  section  366. 

Tin'  general  township  code  makes  no  provision  for  bonds  for  the  collection 
of  special  taxes. 

1561.  The  several  county,  borough,  township,  school,  poor  and 
other  authorities,  now  empowered,  and  which  may  hereafter  be  em- 
powered, to  levy  taxes  within  the  several  boroughs  and  townships  of 
this  Commonwealth,  shall,  on  or  before  the  first  day  of  August  of 
each  year  after  the  first  election  of  collector  of  taxes  under  this  act. 


216 

issue  their  respective  duplicates  of  taxes  assessed  to  the  collector  of 
taxes  of  their  respective  boroughs  and  townships  with  their  warrants 
attached,  directing  and  authorizing  him  to  collect  the  same,  but  road 
taxes  may  be  worked  out  as  heretofore.  Provided,  That  such  special 
and  other  road  taxes,  as  at  may  be  lawful  and  necessary  to  collect 
in  money,  may,  at  the  discretion  of  the  supervisors  or  road  commis- 
sioners, be  placed  in  the  hands  of  the  collector  of  taxes,  with  their 
warrant  for  collection  by  him;  for  which  he  shall  receive  five  per 
centum  of  the  amount  collected  by  him,  or  the  same  may  be^  collected 
by  the  supervisors  or  road  commissioners  as  heretofore.  Provided 
further,  That  the  limitations  in  this  act,  as  to  time  and  the  require- 
ments hereof  relating  to  the  keeping  an  alphabetical  list  of  persons 
charged  with  taxes,  shall  not  apply  to  road  taxes. 

Sec.  4,  Act  of  June  25,  1885,  P.  L.  187. 

This  section  appears  to  be  superseded  l>y  sections  399  and  423  of  the  town- 
ship code,   as  to  township  taxes. 

The  Act  of  June  25,  1885,  P.  L.  187,  is  constitutional:  Bennett  r.  Hunt, 
1  '/S  I'n.  257  ;  Swatara  Township  School  District's  Appeal,  1  Superior.  Ct.  502. 

The  schcol  code  of  May  18,  1911,  P.  L.  309,  does  not  repeal  the  Act  of  1887 
in  so  far  as  the  latter  act  relates  to  the  collection  of  school  taxes:  Black  v. 
Dtiquesne  Borough  School,  239  Pa.  96.  But  since  the  passage  of  the  School 
Code  of  1911,  the  school  taxes  must  be  levied  according  to  that  act:  Steven- 
son v.  Henderson,  23Jt  Pa.  478,  affirming  39  Pa.  C.  C.  237,  59  P.  L.  J.  665. 

The  borough  tax  collector  has  the  right  to  collect  the  school  taxes  in  the 
borough  upon  complying  with  the  statutory  x-equirement :  Roivley  v.  Green- 
ville Borough  School  District,  JfO  Pa.  G.  G.  140  ;  Jones  v.  Taylor  Borough 
School  District,  15  Lack.  J.  116. 

Taxes  can  be  collected  even  though  duplicate  is  not  in  the  collector's  hands 
on  the  day  appointed  by  statute.  Comm.  ex.  rel.  Metcalf  v.  Winn,  4  M.  L.  R. 
146;  s   c.  16  Luz.  L.  R.  Rep.  215. 

Where  a  tax  collector  knows  that  a  duplicate  is  ready  for  him  before  August 
first,  he  cannot  afterwards  refuse  to  accept  it,  because  it  was  not  actually 
placed  in  his  hands  until  after  August  first.  The  collector  of  taxes  is  bound 
to  collect  the  taxes  for  the  school  district,  and  if  he  refuses,  he  may  be  com- 
pelled to  do  so  by  mandamus :     Sommcrrille  v.  Gallaher,  13  Pa.  C.  G.  666. 

1562.  Every  warrant  to  a  collector  isued  as  is  hereinbefore  pro- 
vided, shall  be  effectual  to  authorize  him  to  collect  the  sums  charged 
in  his  duplicate  during  the  period  of  three  years  from  the  date  of  his 
warrant. 

Sec.  44,  Act  of  April  15,  1834,  P.   L.   509. 

1563.  Hereafter  the  period  during  which  warrants  hereafter  to  be 
issued  to  collectors  shall  be  effectual  for  the  collection  of  taxes,  shall 
be  two  years  and  no  more;  and  so  much  of  the  forty -fourth  section  of 
the  act  of  fifteenth  of  April,  eighteen  hundred  and  thirty-four,  (P.  L. 
509)  entitled  "An  act  relating  to  county  rates  and  levies,"  as  is  in- 
consistent herewith,  be  and  the  same  is  hereby  repealed. 

Sec.  21,  Act  of  April  22,  1846,  P.  L.  48G. 


L'17 

Tlie  fact  that  the  lit"'-  of  the  treasurer's  warrant  is  fixed  .it  two  years  does 
uol   extend  the  time  fcr  the  settlemenl   of  his  accounts,  and  the  payment   of 
tin1   balance  to  the  proper  treasurers:     ('mini',   to   usi    of  School  District 
Sheraden  Borough  v.  Farrell  et  at.,  11  Pa   C.  C.  W8. 

The  righi  of  action  ;ii  law  inures  to  a  tax  collector  when  the  warrenl  fur 
collecticn  of  taxes  expires  and  the  statute  of  Limitation  docs  not  begin  to  run 
in  favor  of  the  owner  as  against  this  remedy  until  the  ri.^lit  of  action  arises: 
1      -.in.  to  use  of  etc.,  v.  Mahan,  12  Pa.  Super.  Ct.  616- 

The  collector  is  prohibited  from  starting  suit  for  the  recovery  <  f  taxes  until 
after  the  expiration  of  his  warrant:     Master  r.  Putter,  11  Just.  I..  /,'.  .',/. 

A  tax  collector  can  collect  delinquent  taxes  while  his  warrant  is  in  force 
only  by  distress  or  Levy.  After  his  warrant  ceases  to  be  effective,  he  can  enter 
suit  for  them iKreider  v.  Hensel,  8  Lamo.  L.  R.  88. 

1564.  The  collector  of  taxes  shall  have  all  the  power  for  the  collec- 
tion of  said  taxes,  during  his  term  of  office,  heretofore  vested  in 
collectors  of  county  taxes  under  existing  laws,  and  be  subject  to  the 
same  liabilities  and  penalities  for  neglect,  or  violation  of  the  duties 
of  his  office. 

Sec.  5,  Act  of  June  25,  1S85,  P.  L.  187. 

A  tenant's  goods  on  leased  premises  may  be  levied  upon  by  the  tax  collector 

for  borough  taxes  due  on  the  real  estate  by  the  landlord:     Popp  v.  Eamigh, 
54  Super.  Ct.  263. 

1565.  The  collector  of  taxes  shall  provide  an  appropriate  book, 
the  cost  of  which  shall  be  allowed  to  him  in  the  settlement  of  his 
accounts,  in  which  he  shall  enter  in  alphabetical  order  the  names  of 
all  persons  charged  with  taxes  in  the  duplicates  aforesaid,  and  show- 
ing the  amount  of  such  tax  charged  against  each  person,  which  book 
shall  be  at  all  times  open  to  the  inspection  of  each  taxpayer,  and 
shall  be  delivered  by  the  collector  of  taxes  at  the  expiration  of  his 
term  1<>  his  successor  in  office. 

0 

Sec.  6,  Act  of  June  25,  1885,  P.  L.  187. 

1566.  The  collector  of  taxes  shall,  in  person  or  by  some  person 
duly  authorized,  be  in  attendance  for  the  purpose  of  receiving  and 
receipting  for  taxes  on  Thursday,  Friday  and  Saturday  of  each  week, 
during  the  last  two  weeks  of  said  sixty  days  between  the  hours  of  two 
o'clock  and  six  o'clock  in  the  afternoon,  at  his  residence,  or  sonic 
other  place  in  the  proper  township  or  borough,  to  be  designated  by 
him  in  the  notice  aforesaid. 

Sec;  8.  Act  of  June  25.  1885  P.  L.  187. 

The  sixty  days  referred  to  in  this  section  has  reference  to  the  time  when 
discounts  for  the  payment  of  taxes  are  allowed. 

Section  423  of  the  Township  Cede  allows  a  discount  in  second  class  town- 
ships for  taxes  paid  before  June  first.  The  amendment  of  May  11,  1021.  to 
sections  400,  401  and  402  eliminates  all  discount  previsions  in  first  class 
townships. 

1567.  Tt  shall  be  lawful  for  any  collector,  with  the  approbation 

of  the  treasurer  of  the  proper  county  or  township,  as  the  case  may  be 


218 

to  employ  a  suitable  person  to  act  for  him  in  the  execution  of  his 
warrant  ;  such  collector  and  his  surety  being  in  all  cases  responsible 
for  the  acts  of  such  deputy. 

Sec.  51,  Act  of  April  15,  L834,  P.  L.  509. 

for  provisions  relating  to  appointment   cf  deputy  collectors   in  first  class 
townhips,  see  section  -in.'!. 

15GS.     The  executors  or  administrators  of  any  deceased  tax  collect- 
or, within  this  Commonwealth,  shall  have  the  same  powers,  until  the 
end  of  two  years  from  the  date  of  the  warrant,  to  enforce  the  collec 
tion  of  the  unpaid  taxes,  as  the  collector  would  have,  if  living. 

Sec.  1,  Act  of  March  26,  1807,  P.  h.  45. 

15(59.  It  shall  be  lawful  for  the  executors  or  administrators  of 
any  deceased  tax  collector  to  employ  a  suitable  person  to  act  for  them 
in  the  execution  of  the  warrants,  with  all  the  powers  possessed  by  the 
deceased  collector. 

Sec.  2,  Act  of  March  26,  1867,  P.  L.  45. 

1570.  Tax  collectors  of  townships  and  boroughs  of  the  Common- 
wealth shall  furnish  each  person,  ou  the  payment  of  taxes*  with  a 
numbered  receipt  setting  out  date,  name  of  taxpayer,  amount  of 
tax  and  district  in  which  taxpayer  is  assessed,  from  a  book  to  be 
furnished  by  the  county  commissioners  containing  a  stub,  that  on  the 
stub  a  memoranda  shall  be  made  in  ink  of  the  number  of  the  receipt, 
the  date,  name  of  taxpayer,  amount  of  tax  and  district  in  which  tax- 
payer is  assessed. 

Sec.  1,  Act  of  June  25,  1895,  P.  L.  296. 

Sections  two  and  three  of  the  above  act  relate  to  election  matters. 

1571.  That  any  tax  collector  failing  to  comply  with  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  to  be  fined  not  more 
than  two  hundred  dollars,  or  imprisoned  not  more  than  one  year,  or 
both,  at  the  discretion  of  the  court. 

Sec.  4,  Act  of  June  25,  1895,  P.  L.  296. 

1572.  The  tax  collectors  of  the  several  boroughs  and  townships  of 
this  Commonwealth,  elected  pursuant  to  the  provisions  of  an  act  ov 
Assembly,  entitled  "An  act  to  authorize  the  election  of  tax  collectors 
for  the  term  of  three  years  in  the  several  boroughs  and  townships  of 
this  Comonwealth,"  approved  the  sixth  day  of  June,  Anno  Domini 
one  thousand  eight  hundred  and  ninety-three,  and  all  other  tax 
collectors  of  State,  county,  townships,  road,  school  and  borough 
taxes,  elected  or  appointed  by  or  under  existing  law,  shall  hereafter 
make  monthly  returns  in  writing  to  the  several  persons  to  whom  the 
tax  collected  by  said  tax  collector  is  by  law  required  to  be  paid, 


219 

showing  the  amounts  collected  by  them  during  the  preceding  month, 
and  the  amounl  of  uncollected  taxes  upon  their  respective  duplicates, 
<>r  exhibit  tli«'  duplicate  showing  the  said  uncollected  taxes,  ;it  the 
close  (»!'  eacli  month  during  their  respective  terms  of  offi  :e,  and  shall 
pay  over  to  the  said  persons  to  whom  by  law  tin'  said  taxes  are  made 
payable,  the  amounts  so  collected  by  such  tax  collectors,  monthly, 
le>-'s  the  commission  or  fees  to  which  they  are  by  law  entitled  for  the 
collection  of  the  same:  Provided,  Thai  iu  the  case  <.i'  collectors  of 
borough  taxes,  they  shall  also  be  required  to  file  with  the  councils  of 
their  respective  boroughs,  duplicate  returns  for  the  taxes  collected 
monthly  by  them  as  aforesaid,  and  duplicate  receipts  from  the 
respective  borough  treasurers  for  the  aniont  so  paid  over  to  them. 

Sec.  1,  Act  of  July  9,  1897,  P.  L.  242. 

The  Acts  of  July  9,  1897,  P.  L.  242,  and  May  21.  1913,  P.  L.  284,  do  not 
proven!  the  prosecution  of  a  tax  collector  under  the  Act  of  June  3.  1885,  P.  L. 
72:  Comm*  v.  Sitter,  67  Pa.  Super  Ct.  t,  affirming  2  Northumb.  L.  -I .  \S0 ; 
IS  Sch.  /..  R.  >f08,  3  Northumb.  L.  J    t38. 

This  section  appears  to  be  supplied  as  to  townships  of  the  second  class  by 
section   t_'s.  except  as  to  statement  of  uncollected  taxes. 

1573.  Any  tax  collector  failing  to  comply  with  the  requirements 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  sentenced  to  pay  a  fine  not  exceeding  one 
hundred  dollars. 

Sec.  2,  Act  of  July  9,  1897,  P.  L.  242. 

1.574.  From  and  after  the  passage  of  this  act,  it  shall  be  lawful 
for  the  several  county  treasurers  in  this  Commonwealth,  hereafter 
elected  or  appointed,  to  charge  and  deduct  from  school,  road  and  all 
other  municipal  taxes,  collected  and  paid  over  to  the  proper  author- 
ities by  them,  the  same  rate  per  centum  as  compensation  as  here 
after  may  be  legally  allowed  them  for  the  collection  and  disburse- 
ment of  county  taxes:  Provided,  That  such  rate  shall  in  no  case 
exceed  five  per  centum  of  the  whole  amount  so  collected  and  paid 
over. 

Sec.  1.  Ac,   of  May  23,  1887,  P.  L.  ITS. 

The  phrase  "municipal  taxes*'  seems  to  comprehend  township  taxes  under 
the  reasoning  in  Dreese  v.  Freed.   \2  Pa   (7.17.  -/-• 

Tliis  act  was  prcbably  passed  for  those  counties  in  which  all  school,  road 
and  municipal  (axes  are  collected  by  the.  county  treasurers. 

1575.  •  The  undivided  interest  of  any  tenant  in  common  or  co- 
parcener of  any  seated  lands  in  this  Commonwealth  shall  not  be 
sold,  or  title  thereto  be  divested  by  any  treasurer's  or  sheriff's  sale, 
for  the  failure  of  any  of  said  tenants  in  common  or  coparceners  to 
pay  their  pro  rata  share  of  the  taxes  assessed  .against  said  land,  if 
stub  tenant  in  common  or  coparcener  has  paid  to  the  proper  collector 


220 

of  taxes  his  or  her  proportionate  amount  of  taxes  chargeable  againsl 
suck  land;  and  the  sale  of  such  lands  shall  divest  and  pass  title  to 
such  undivided  shares  or  interest  only  in  such  land  as  is  held  by 
such  persons  who  have  failed  or  neglected  to  pay  their  proportionate 
part  of  such  taxes. 

Sec.  1,  Act  of  May  24,  1917,  P.  L.  270. 

157G.  And  any  such  tenant  in  common  or  coparcener  shall  have 
the  right  to  pay  his  or  her  proportionate  part  of  such  taxes,  at  any 
time,  before  the  sale  of  the  land  under  any  lien  entered  in  the 
prothonotary's  office  or  before  any  treasurer's  sale,  to  the  prothono 
tary  or  county  treasurer ;  and  it  shall  be  the  duty  of  the  prothonotary 
or  county  treasurer  to  receive  the  same  for  the  district  levying  the 
tax;  and  the  sale  of  the  residue  of  the  shares  or  interest  in  such 
lands,  on  which  the  taxes  remain  unpaid,  shall  in  no  way  effect  the 
right,  title,  or  interest  of  those  who  have  paid  their  proportionate 
share  of  such  taxes  for  which  the  land  is  sold. 

Sec.  2,  Act  of  May  L'4,  1917,  P.  L.  270. 

1577.  Any  joint  tenant,  tenant  in  common,  or  coparcener  of  seated 
land  in  this  Commonwealth,  shall  have  the  right  to  pay  his,  her,  or 
their  proportionate  part  of  the  amount  of  taxes  due  thereon ;  and  it 
shall  be  the  duty  of  the  tax-collector  to  receive  and  receipt  for  the 
same ;  and  the  interest  of  any  such  joint  tenant,  tenant  in  common,  or 
coparcener  shall  not  be  affected  by  any  proceeding  or  sale  to  enforce 
payment  of  taxes  on  the  other  interest  in  said  land. 

Sec.  1,  Act  of  June  23,  1917,  P.  L.  645. 

1578.  Exonerations  may  be  made  by  the  authorities  and  in  the 
same  manner  as  heretofore. 

Sec.  10.  Ant  of  Juno  25,  1885,  P.  L.  187. 

"From  time  immemorial — the  power  to  exonerate  collectors  from  liability 
for  uncollected  taxs,  for  reasons  satisfactory  to  the  taxing  authorities,  has 
been  exercised  by  borough  councils"  although  no  statutory  authority  seems  to 
exist.  So  that  a  tax  collector  may  be  exonerated  by  the  borough  authorities 
from  his  liability  for  taxes  as  fixed  by  the  borough  auditors  several  years 
earlier.  .Jones  v.  Sharon  Borough,  238  Pa.  35.  Contra  see  Sinnamahonino 
Iron  and  Coal  Co.  v.  Schaffer,  14  D.  R.  368,  s.  c.  Just.  L.  R.  1^5. 

Where   the  borough   council   was   negligent  in   delivering  duplicates  to   the 
collector  the  auditors  should  allow  exonerations  for  taxes  uncollected  through 
no  fault  of  the  collector  and  surcharge  the  councilmen  for  .taxes  lost  through 
their  fault.     Comm.   ex  rel.  Met  calf  r.   Winn,   16  Lus.   L.   R.  Rep.   275;  4 
c.  k  M.  L.  R.  146. 

This  section  appears  to  be  superseded  as  to  township  taxes  by  sections  405 
and  430  of  the  township  code. 

1579.  If  any  collector  who  shall  have  taken  upon  himself  the  duties 
of  his  office  shall  f=iil  to  perform  such  duties,  he  shall  forfeit  a  sum 


'  221 

not  exceeding  forty  dollars,  to  be  recovered  by  the  county  or  I  own- 
ship,  as  the  case  may  be,  as  debts  of  like  amount  are  recoverable: 
Provided,  that  the  sureties  of  a  collector  shall,  notwithstanding  such 
proceedings- against  him,  remain  liable  according  to  the  condition  of 
their  bond. 

Sec.  41.  Act  of  April   L5,  1834,  P.  I,,  ."oil. 

L580.  It  shall  not  be  lawful  for  any  county  treasurer,  county  com 
missioner  or  commissioners,  or  any  collector  of  taxes  in  any  town 
ship,  ward,  or  district  nor  for  any  other  person  on  his  or  their  be- 
half, to  receive  payment,  or  give  any  receipt  for  the  payment  of  any 
taxes  that  have  not  been  duly  assessed,  and  returns  of  said  assess 
ment  made  according  to  law,  nor  shall  any  such  treasurer,  commis- 
sioner or  commissioners,  or  collector,  or  other  person,  on  his  or  their 
behalf,  receive  payment  or  give  any  receipt  for  the  payment  of  any 
taxes  from  the  payment  of  which  the  party  assessed  has  been  exoner- 
ated according  to  law,  unless  the  party  so  exonerated  shall  himself 
appear  in  his  own  proper  person,  and  tender  payment  of  the  taxes 
from  which  he  had  been  so  exonerated  ;  and  it  shall  not  be  lawful  for 
any  commissioner  or  commissioners  of  any  county,  or  for  any  other 
person  on  his  or  their  behalf,  to  add  any  name  or  names  to  the  dupli- 
cate return  or  list  of  taxables,  made  or  furnished  by  the  assessor  or 
assistant  assessor  of  any  township,  ward,  or  district,  and  if  any  such 
treasurer,  commissioner,  commissioners,  or  collector,  or  other  person 
on  his  or  their  behalf,  shall  violate  any  of  the  provisions  of  this  sec- 
tion, he  shall  upon  conviction  thereof,  before  any  court  having  coni- 
tent  jurisdiction,  pay  a  tine  of  one  hundred  dollars?  for  the  use  of  the 
Commonwealth,  and  shall  moreover  be  forthwith  removed  from  office, 
and  the  vacancy  thereby  occasioned  in  either  of  said  offices  shall  be 
tilled  or  supplied  as  in  other  cases  of  vacancies  in  such  office. 

Part  of  Sec.  8.  Act  of  May  1.'7.  1841,  PjL.  400. 

The  remaining  previsions  of  this  section  were  temporary  and  have  expired. 

Wihere  a  tax  collector,  under  a  warrant  duly  issued  by  the  proper  authori- 
ties, directing  the  collection  of  a  tax  that  had  been  properly  levied,  collects  a 
tax  from  a  person  who  it  was  subsequently  shown  had  been  improperly  assessed 
by  the  assessor  and  county  commissioners,  he  is  not  criminally  liable  therefor. 
'1  he  act  wa.s  directed  against  the  voluntary  payment  and  receipt  of  taxes  t<> 
evade  the  election  laws,  and  not  against  the  enforcement  of  such  paym  nt  by 
legal  process:     Buck  r.  Commonwealth,  90  Pa.   //". 

L581.  From  and  after  the  passage  of  this  act.  all  unnaturalized 
foreign-born  residents  shall  be  subject  to  the  payment  of  all  taxes, 
assessed  by  virtue  of  the  authority  of  this  Commonwealth,  of  any 
county,  city,  borough,  township  or  school  district,  within  said  Com- 
monwealth, in  the  same  manner  and  under  the  same  penalties  as  citi 
zens  of  this  Commonwealth  now  are:     Provided,  th.it  this  act  shall 


222 

not  apply  to  any  poll-lax  v,  hich  may  be  assessed   for  the  purpose  of 
qualifying  citizens  to  vote. 

Sec.  1,  Act  of  March  30,  1911,  P.  L.  38. 

1582.  For  the  purpose  of  this  act,  any  unnaturalized  foreign  horn 
person  who  shall  reside  or  live  within  the  boundaries  of  the  Common- 
wealth of  Pennsylvania  for  one  whole  year  shall  be  considered  a  resi- 
dent, and  shall  be  subject  to  the  provisions  of  this  act. 

Sec.  2,  A«-t   of  March  30,  1911,  I\  L.  38. 

L583.  From  and  after  the  passage  of  this  act  all  corporations,  as- 
sociations, companies,  firms,  or  individuals  employing  persons  who 
are  not  citizens  of  the  United  States,  shall,  upon  the  receipt  of  a 
written  notice  from  the  tax  collector  of  the  county  or  district  in 
which  such  taxes  were  assessed,  containing  the  name  or  names  of  the 
taxable  or  taxables  and  the  amounts  respectively  due,  deduct  from 
the  wages  or  earnings  of  such  employe  or  employes  a  sum  sufficient 
to  pay  the  respective  amounts  of  taxes  assessed  against  each  of  such 
alien  employes,  and  pay  the  same  to  the  collectors  of  the  district  in 
which  said  aliens  are  employed  within  sixty  days  after  said  notice 
shall  have  been  given. 

Sec.    1.   Act  of  June  7.  1897,   P.   L.   135. 

In  an  action  upon  a  tax  collector  bond  neither  the  collector  nor  his  sureties 
are  liable  for  the  alien  taxes  paid  by  employers  under  this  act,  not  included 
in  his  tax  duplicate  nor  in  the  settlement  made  by  the  borough  auditors : 
Dunbar  Borough  School  District  v.  Kerwin  et  al,  20  D.  R.  JfOJ,. 

1584.  Any  corporation,  association,  company,  firm  oy  individual 
failing  to  comply  with  the  provisions  of  this  act  shall  forfeit  and  pay 
the  sum  of  double  the  amount  of  the  tax  for  each  and  every  taxable 
whose  taxes  are  not  withheld  and  paid  over  as  herein  directed,  to  be 
recovered  by  action  of  assumpsit  as  debts  of  like  amount  are  now  by 
law  recoverable,  and  when  collected  shall  be  paid  into  the  treasury 
of  the  county  in  which  such  alien  labor  is  or  was  employed  for  the  use 
of  such  county. 

Sec.  2,  Act  of  June  7.  1897.  P.  L.  13.r». 

1585.  All  persons  who  are  authorized  under  existing  laws  to  col- 
lect either  rOad  or  poor  taxes  in  the  several  boroughs  and  townships 
of  this  Commonwealth;  are  hereby  authorized  and  empowered,  in 
addition  to  the  remedies  heretofore  provided,  to  collect  either  road  or 
poor  tax  by  levy  and  sale  in  the  same  manner  as  school  and  county 
taxes  are  now  bv  law  collected:     Provided,  however,  that  nothing 


223 

herein  contained  shall  in-  const  rued  to  abridge  any  righl  secured  under 
existing  law  to  any  person  to  work  ou1  any  portion  of  his  road  tax. 

Sec.  1,  Act  of  May  22,  1895,  P.   L.  III. 

The  geueraJ  reference  is  to  secth  i  nd  L'l  of  the  Ad  of  April  15,  1834, 

l".  L.  509.  (Sea  Rid  v.  Burns,  9  l'->.  Super  Ct.  58.)  These  sections 'are  us 
follow  s  : 

Tin'  commissioners  of  each  county  shall  issue  their  warrants  with  the  dup- 
licates aforesaid,  to  the  respective  ccllctors  of  county  rates  and  levies,  therein 
authorizing  ami  recpiiring  them  to  demand  and  receive  from  every  person  in 
such  duplicate  named,  (ho  sum  wherewith  such  person  stands  charged.  Sec. 
20,  Act  of  April  15,  1834,  P.  L.  509. 

If  any  person  shall  neglecl  or  refuse  ti  make  paymenl  of  the  amount  due 
by  him  for  such  tax  within  thirty  days  from  the  time  of  demand  so  made  ii 
shall  lie  the  duty  of  the  collector  aforesaid  t<  levy  such  amount  by  distress  and 
sale  of  the  -nods  and  chattels  of  such  delinquent,  given  ten  days'  public  notice 
of  such  sale  by  written  <  r  printed  advertisements,  and  in  case  goods  and  chat- 
ties sufficient  to  satisfy  the  same  with  the  costs  cannot  be  found,  such  collector 
shall  be  authorized  to  take  the  body  .f  such  delinquent  ami  convey  him  to  the 
jail  of  the  proper  county  there  to  remain  until  the  amount  of  such  rax  to- 
gether with  the  costs  shall  be  paid  or  secured  to  be  paid  or  until  he  shall  be 
otherwise  discharged  by  due  course  of  law.  .Sec.  21,  Act  of  April  15,  1S34, 
P.  I..  ."><;«>. 

By  section  45,  of  the  act  of  April  15,  1834,  I'.  L.  .">'>!>.  t  i  i  *  -  imprisonment  of 
females    for    m  n-payment    of    taxes    is    prohibits  I. 

Under  Section  421,  Clause  I,  of  Act  of  July  14,  1917,  P.  L.  840,  all  taxes 
musr  now  be  paid  in  cash. 

L586.  The  tenant  or  tenants,  or  other  persons  residing  on  lands, 
owned  by  persons  not  residing-  in  the  township,  his.  her,  or  their  goods 
shall  he  liable  to  be  levied  on  in  manner  aforesaid,  for  the  payment 
of  road  taxes;  and  where  any  tenant  or  tenants  shall  have  taken,  or 
hereafter  may  take  a  lease  of  lands  or  tenements  for  one  or  more 
years,  and  of  which  the  tenant  lie  in  possession  at  the  time  of  assess- 
ing or  levying  the  tax  for  public  roads  and  highways,  and  shall  pay 
the  rate  hereby  imposed  on  the  said  lands  or  tenements  so  leased,  in 
such  case  it  shall  be  lawful  for  the  tenant  or  tenants  to  deduct  the 
tax  out  of  the  rent  (\ur.  or  to  become  due,  or  to  recover  the  same  frojm 
the  owner  orowners,  by  action  of  debt,  with  costs  of  suit  :  Provided, 
however,  that  nothing  herein  contained  shall  be  so  construed  as  to 
impair  or  make  void  any  contract  between  landlord  and  tenant  res- 
pecting the  payment  of  the  road  lax. 

Sec.  8,  Act  of  April  6,  1802,  P.  L.  178. 

L587.  Every  tenant  who  may  or  shall  occupy  or  possess  any  lands 
or  tenements,  shall  be  liable  to  pay  al!  the  taxes,  which  daring  said 
occupancy  or  possession  may  thereon  become  due  and  payable;  and 
having  so  paid  such  taxes,  or  any  part  thereof,  it  shall  be  lawful  for 
him.  by  action  of  debt  or  otherwise,  to  recover  said  taxes  from  his 
landlord,  or.  at  his  election,  to  defalcate  the  amount  thereof  in  the 


224 

payment  of  the  rent  due  to  suck  landlord,  unless  such  defalcation  or 
recovery  would  impair  any  contract  or  agreement  between  them  pre- 
viously made. 

See.  6,  Act  cf  April  3,  1804,  P.  L.  517. 

The  power  of  a  collector  to  take  property  of  the  tenant  for  non-payment  of 
his  landlord's  tax  is  limited  L<»  that  which  is  assessed  against  the  realty  while 
he  occupied  the  premises  :     Lanfer  v.  McGovern,  6  North,  C.  R.  15S. 

A  vendee  may  recover  from  a  vendor  prior  taxes  paid^under  a  distress: 
Henry  v.  Hor stick,  9  Watts  ^12;  Caldivell  v.  Moore,  11  Pa.  58. 

A  lessee  under  an  cil  lease,  having  more  than  a  mere  license,  may  recover 
from  the  lessor  taxes  on  the  land  paid  under  compulsion :  Kitchen  v. 
Smith,  101  Pa.   'f52. 

This  provision  applies  only  to  taxes  assessed  i  n  the  land,  not  upon  a  ground 
rent  issuing  thereout  :     Franciscus  v.  Reigart,  1\  Watts,  98. 

1588.  The  goods  and  chattels  of  any  person  occupying  any  real 
estate,  shall  be  liable  to  distress  and  sale,  for  the  non-payment  of  any 
taxes  assessed  upon  such  real  estate,  during  his  possession  or  oc- 
cupancy and  remaining  unpaid  in  like  manner,  as  if  they  were  the 
goods  and  chattels  of  the  owner  of  such  real  estate. 

Sec.  46,  Act  of  April  15,  1834,  P.  L.  509. 

In  construing  this  section  the  court  in  Smeich  v.  County  of  York,  68  Pa.  /•<'.'>. 
says : 

"The  46th  Section  of  the  Act  of  15th  April,  1834,  was  taken,  we  are  in- 
formed by  the  revisers  of  the  code,  from  the  6th  Section  of  the  Act  of  1804  and 
ths  8th  Section  of  the  Act  of  1802.  *  *  *  *  *  It  is  evident  that  the  revisers 
rejected  the  features  of  the  Acts  of  1802  and  1804  which  appeared  to  confine 
the  liability  to  the  goods  of  tenants  only  holding  by  lease  and  extended  it  to 
the  goods  of  the  persons  occupying  any  real  estate.  But  as  this  would  com- 
prehend an  alienee  or  other  person  coming  in  under  a  conveyance'  Ion-  after 
the  taxes  were  laid,  the  revisers  adopted  the  feature  of  the  8th  Section  of  the 
Act  of  1802  which  expressly  confines  the  liability  to  the  persi  n  in  possession 
at  the  time  of  assessing  or  levying  the  tax  for  public  roads  and  highways. 
Hence  the  provisions  in  the  Act  of  1834  is  that  the  goods  of  the  occupier  shall 
e  liable  for  the  non-payment  of  any  taxes  assessed  up<  n  such  real  estate 
(hiring  his  possession  or  occupancy  and  remaining  unpaid.  The  section  is 
concisely  written, and  clearly  expressed  and  has  but  one  meaning." 

Peal  estate  which  has  passed  to  assignees  under  a  voluntary  deed  of  as- 
signment  for  the  benefit  of  creditors  is  not  exempt  from  the  payment  of  taxes, 
whether  assessed  thereon  before  or  after  the  assignment  was  made.  The 
.  personal  property  remaining  on  the  land  thus  taxed,  after  the  assignment,  is 
liable  to  distress  for  the  non-payment  of  the  taxes  :  Wright  and  Slinglujf  v. 
Wioton,  et.  ah,  SJ  Pa.  163. 

When  there  is  sufficient  personal  property  upon  the  premises  to  satisfy  a 
claim  for  taxes,  a  tax  collector,  who  makes  return  of  the  land  for  non-payment, 
is  responsible  to  the  owner  for  damages  :     Kean  v.  Kinnear,  171  Pa.  639. 

Personal  property  of  the  taxpayer  which  had  been  sold  by  the  sheriff  is  not 
liable  for  taxes  before  its  removal  from  the  premises,  as  the  purchasers  at 
the  sheriffs'  sale  are  not  the  occupiers  of  the  real  estate:  Moore  V.  Marsh, 
60  Pa.  46. 


•  )•»- 


Persona]  property,  boughl  by  ;i  landlord  at  a  sale  under  bis  distress  for 
rent  in  arrears,  and  by  him  lefl  in  charge  of  the  truant,  subsequently  sold 
by  him  at  private  sale  to  another  party,  an<l  by  the  latter  loft  upon  tfhe 
promises  in  charge  of  the  tenant,  is  not  liable  to  levy  and  sale  for  taxes 
assessed  against  the  landlord  or  tenant:     Lewis  v.  ITavard,  1  Chester  Co.  189. 

The  wife  is  not  such  an  occupier  of  the  husband's  real  estate,  while  he 
is  himself  occupying  the  same,  as  to  make  her  separate  property  liable  for 
the  taxes  assessed  and  levied  against  the  husband:  Ferguson  v.  Moore,  ■> 
Super.  Ct.  3)'J. 

The  goods  of  the  occupier  cannot  be  levied  and  sold  unless  the  taxes  were 
assessed  during  his  possession  or  occupancy  of  the  land:  Wright  r.  Wigton, 
84  Pa.  16S;  Smeich  v.  York,  as  Pa.  ',-!!>:  Hartman  v.  Hazen,  28  Pa.  C.  C. 
811  j  Sitler  v.  Singer  Mfg.  Co.,  30  Pa.  C.  C.  1;  s.  c.  1!,  D.  R.  382 

The  fact  that  there  is  persona]  property  on  the  premises  out  of  which 
the  taxes  could  have  been  collected  is  not  a  defense  to  a  scire  facias  on  a  tax 
lien  filed  under  the  Act  of  June  -1.  1901,  P.  L.  364:  Claysville  School  Dis- 
trict v.  Worrell,  SI  Super.  Ct.  10. 

The  act  of  June  4,. 1901,  I'.  L.  364,  so  far  as  it  relates  to  tax  liens  and 
ta<£  claims,  is  repealed  and  supplied  by  the  Act  of  May  24,  1921,  P.  L.  10894 
sections  1607  to  1038. 

The  fact  that  one  who  was  tenant  at  the  time  the  (axes  were  assessed  be- 
comes i lie  owner  of  the  land  before  they  are  collected  does  not  relieve  his 
goods  and  chattels  from   liability:   Popp   r.  Eamigh,   5/f  Super.   Ct.  263. 

An  owner  of  land  is  not  liable  for  the  taxes  of  a  former  owner:  Scott 
V.  Whitley,  2  Clark  118. 

The  act  evidently  refers  to  a  person  who  maintains  in  relation  to  real  estate 
a  responsible  or  beneficial  occupancy  :     Ferguson  v.  Moore,  5  Super.  Ct.  349. 

L589.  It  shall  not  be  lawful  fotr  any  collector  to  institute  a  suit, 
lor  the  recovery  of  anv  tax  in  any  court  of  this  State  or  before  any 
alderman  or  justice  of  the  peace  of  this  Slate  and  no  such  court, 
alderman  or  justice  shall  issue  process  for  such  purposes. 

Sec.  50,  Ad    of  April    15,    1834,   1'.   L.  509. 

This  means  during  the  life  of  the  tax  warrant.  Upon  the  expiration  of 
the  warrant  the  collector  has  a  right  of  action  under  the  Act  of  April  11, 
1848,  P.  L.  517,  infra  section  1590.  See  Comm.  r.  Mahon,  12  Super.  Ct. 
616;  McCracken  v.  Elder,  .',',  /'„.  239. 

The  collector  of  taxes  is  prohibited  from  instituting  suit  for  the  recovery 
of  any  taxes  until  after  the  expiration  of  bis  warrant,  and  the  justice  being 
without  jurisdiction,  is  forbidden  to  issue  process  for  such  purpose:  Hosier 
r.  Potter,  11  Just.  L.  R.  51. 

L59U.  The  provisions  of  the  fiftieth  section  of  an  act  of  the  General 
Assembly  of  this  Commonwealth,  entitled  "An  act  relating  to  county 
rates  and  levies,  and  township  rates  and  levies."  passed  April  fifteen- 
th, one  thousand  eight  hundred  and  thirty  four,  i  I'.  L.  509),  shall  not 
he  so  construed  as  to  prohibit  a.  collector  of  taxes  from  instituting 
suit  or  suits  for  the  recovery  of  tuxes  due  and  unpaid,  at  any  time 
after  the  expiration  of  his  warrant  ;  but  in  all  c;;ses  when-  taxes  are 
due  and  unpaid  to  any  collector,  after  the  expiration  of  his  warrant, 

15  M 


226 

when  such  collector,  has  not  been  legally  exonerated  therefrom,  every 
such  collector,  or  person,  his  executors,  administrators,  or  any  of 
them,  is  hereby  declared  to  have  full  right  and  power  to  sue  for  and 
recover  the  same,  with  interest  thereon,  after  the  expiration  of  his 
warrant  as  aforesaid,  from  all  and  every  person  and  persons,  bodies 
politic  and  corporate,  owing  the  same,  as  other  debts  of  like  amount 
are  now  by  law  recoverable. 

Sec.  3,  Act  of  April  11,  1848,  P.  L.  517. 

1591.  Return  of  taxes  assessed  by  the  authorities  of  any  county, 
school  district,  poor  district,  borough,  incorporated  town,  or  town 
ship  against  seated  lands,  shall  be  made  whenever  personal  property 
cannot  be  found  thereon  sufficient  to  pay  such  taxes,  to  the  commis- 
sioners of  the  county,  on  or  before  the  first  day  of  February  succeed- 
ing the  date  when  the  taxes  were  assessed.  Whenever  any  such  taxes 
are  not  paid  within  two  years  after  the  date  of  the  assessment,  such 
seated  lands  shall  be  advertised  and  sold  by  the  county  treasurer,  at 
the  time  and  in  the  manner,  and  with  the  same  conditions  and  effect, 
as  unseated  lands. 

Sec.  1,  Act  of  May  21,  1913,  P.  L.  285,  as  amended  by  Sec.  1,  Act  of 
June  1,  1915,  P.  L.  660. 

This  act  provides  an  alternate  method  for  the  collection  of  delinquent 
taxes  on  seated  lands,  the  other  method  being  provided  by  the  Act  of  May 
24,  1921,  P.  L.  1089.     See  sections  1607  to  1638  inclusive. 

1592.  From  and  after  the  passage  of  this  act  when  seated  lands 
shall  be  returned  for  non-payment  of  taxes  the  collector  of  taxes  or 
other  person  making  such  return  shall  add  to  the  amount  of  each 
item  of  tax  for  which  the  same  is  returned,  five  per  centum  thereof, 
which  shall  be  recovered  or  collected  along  with  said  taxes,  as  the 
same  are  now  recovered  or  collected  by  law  and  when  so  recovered 
and  collected  the  said  five  per  centum  shall  be  paid  to  the  collector 
of  taxes  or  other  person  making  such  return. 

Sec.  1,  Act  of  April  19,  1901,  P.  L.  81. 

1593.  It  shall  be  the  duty  of  supervisors  and  collectors  of  road 
taxes,  and  of  all  collectors  of  any  qther  taxes  whatever,  to  make  re- 
turn to  the  county  commissioners  of  any  exonerations  claimed  by 
them,  on  or  before  the  first  day  of  January  in  each  year;  and  it  shall 
not  be  lawful  fotr  the  said  county  commissioners  to  grant  any  ex- 
onerations after  that  time,  nor  for  the  county  treasurer  to  sell  any 
lands  which  shall  have  been  returned  and  taxes  exonerated,  after  the 
said  time. 

Sec.  3,  Act  of  April  21,  1856,  P.  L.  477. 

This  section  was  not  repealed  by  the  Act  of  June  25,  1885,  P.  L.  187. 
See  Bigger  v.  Soouton,  SO  Super.  Ct.  503. 


227 

The  time  for  making  returns  for  exonerations  lias  been  changed  to  the 
first  day  of  February  by  the  Act  of  May  21,  1913,  P.  L.  285,  ae  amended 
by  the  Act  of  June  1,  1915,  I'.   L.  660. 

The  provisions  of  iliis  seel  ion  and  of  the  Art  of  February  23,  1858,  P.  L. 
15,  requiring  tax  collectors  to  make  their  returns  to  the  county  commissioners 
for  exonerations,  on  or  before  the  first  day  of  February  of  the  year  next 
succeeding  the  assessment  of  such  taxes,  is  mandatory  and  its  observance 
is  a  condition  precedent  of  the  right  of  the  commissioners  to  sell  the  land 
so  returned  for  the  unpaid  taxes.  The  returns  of  the  collectors  for  exonera- 
tions must  be  sufficiently  definite  to  enable  the  owner  and  also  the  officer  and 
the  public  to  identify  and  determine  from  the  returns  the  exact  properties 
which  are  delinquent  and  liable  to  sale:  Yandermark  r.  Phillips,  110  Pa. 
199. 

If  the  return  by  the  collector  is  made  in  lime,  an  exoneration  made  by 
the  commissioners  after  the  date  specified  by  law  is  valid,  and  the  liability 
of  the  land  for  the  taxes  remains,  unaffected  by  the  delay  :  Winton  Coal 
Company  v.  Campbell,  2  Lack.  J.  86'/. 

The  tax  must  be  returned  by  the  collector  for  exoneration  within  the  time 
limited  by  the  statute,  or  it  cannot  be  enforced  against  the  land.  Prior  to  that 
the  collector  is  charged  with  its  collection  from  the  owner,  or  out  of  the 
personal  property  upon  the  land.  If  he  is  not  able  to  secure  it  in  this  way. 
it  is  his  duty  to  return  it  and  be  exonerated,  and  if  he  fails  to  do  this,  and 
to  do  it  within  the  proper  time  he  and  his  bondsmen  are  liable  for  the  tax 
and  the  land  is  entirely  discharged:  Vandermark  v.  Phillips,  116  Pa.  199; 
Winton  Coal  Company  v.  Campbell,  2  Lack.  J.  36^;  Smith  and  Warren  v. 
Meadow  Brook  fin  icing  Company,  3  Lack.  J.  1J/5. 

L594.  Taxes  charged  upon  unseated  lands  shall  not  be  collected 
by  the  collectors  of  taxes,  but  shall  be  certified  and  returned  b}r  the 
several  authorities  levying  the  same  to  the  county  commissioners 
to  be  collected  as  heretofore. 

Sec.  12,  Act  of  June  25,  1885,  P.  L.  187. 

Whether  lands  are  seated  or  unseated  is  determined  by  the  assessment 
which  cannot  be  attacked  collaterally:  Pittsburgh  Hunting  Club  v.  Snyder, 
51  Super.  Ct.  17/h 

This  section  is  not  affected  by  the  Act  of  June  4,  1901,  P.  L.  364.  which 
statute  only  covers  seated  lands:     Long  ct  al.,  v.  Phillips,  2Jfl  Pa.  246. 

A  tax  collector  is  not  entitled  as  collector  to  commissions  or  unseated 
land  taxes,  yet  he  should  of  right  be  compensate"]  as  an  agent  or  attorney 
in  fact,  for  his  successful  efforts  in  collecting  or  obtaining  these  taxes: 
Comm.  v.  Scott,  7  Pa.  C.  C.  409. 

A  collector  of  taxes  is  not  charged  with  the  collection  of  taxes  on  un- 
seated lands:  Sinnemahoning  Iron  and  Coal  Co.,  r.  Cameron  Co.  et  al., 
12  Pa.  C.  C.  191 ;  Bradford  County,  Appellant  v.  Beardsley,  60  Super.  Ct. 
478. 

Sec.  13  of  this  acl   saves  local  laws  on  the  same  subject  from  repeal. 

1595.  After  June  first.  Anno  Domini  one  thousand  eight  hundred 
and  eighty-eigiit.  all  taxes  levied  upon  unseated  lands,  within  the 
counties  of  this  Commonwealth,  shall  be  paid  by  ihe  owner  or  owners 
of  such  unseated  lands  within  the  year  lor  which  the  same  are  levied; 
and  in  case  of  the  refusal  of  any  person  or  persons,  companies  or 


228 

bodies  corporate,  owner  or  owners  of  such  unseated  lands  to  pay  the 
taxes  so  levied  within  the  year  for  which  the  same  were  levied  and 
i  nllectible,  then  interest  at  the  rate  of  six  per  centum  per  annum  is 
.to  be  charged  upon  the  amount  of  said  taxes,  or  any  part  thereof, 
remaining  due  and  unpaid  from  and  after  the  first  day  of  the  year 
following  that  for  which  said  taxes  were  levied  until  the  same  has 
been  paid  in  full,  or  the  land  sold  as  now  provided  by  law  for  the 
sale  of  unseated  lands:  Provided,  no  interest  shall  be  charged  upon 
laxes  levied  for  the  years  one  thousand  eight  hundred  and  eighty  six 
ami  one  thousand  eight  hundred  and  eighty  seven. 

Sec.  1,  Act  of  June  6,  1887,  P.  I,.  363. 

151)6.  Any  joint  tenant  in  common  or  coparcener  of  unseated  lands 
in  this  Commonwealth,  shall  have  the  right  to  pay  his,  her  or  their 
proportionate  part  of  the  amount  of  taxes  due  thereon  at  any  time 
before  the  sale  thereof  by  the  county  treasurer;  and  it  shall  be  the 
duty  of  the  said  treasurer  to  receive  and  receipt  for  the  same;  and  he 
may  sell  the  residue  of  the  shares  or  interest  in  said  lands  on  which 
(he  taxes  remain  unpaid,  any  law,  usage  or  custom  heretofore  to  the 
contrary  notwithstanding. 

Sec.  31,  Act  of  April  25,  1850,   P.  L.  569. 

(f)     Rebates  For  Planting  Trees  Along  Roads  and  For  Timber 

Lands. 

1597.  Any  person  liable  to  road  tax  who  shall  transplant  to  the 
side  of  the  public  highway  on  his  own  premises  any  fruit,  shade  or 
forest  trees,  of  suitable  size  shall  be  allowed  by  the  supervisors  of 
roads,  or  boards  of  supervisors  of  roads,  where  roads  run  through 
or  adjoin  cultivated  fields,  in  abatement  of  his  road  tax,  one  dollar 
for  every  two  trees  set  out;  but  no  row  of  elms  shall  be  placed  nearer 
than  seventy  feet;  no  row  of  maples  or  other  forest  trees  nearer  than 
fifty  feet,  except  locust  and  Carolina  poplar,  which  may  be  set  thirty 
feel  apart,  and  except  fruit  trees,  which  may  be  set  forty  feet  apart  : 
and  no  allowance  as  before  mentioned  shall  be  made  unless  such 
trees  shall  have  been  set  out  the  year  previous  to  the  demand  for 
such  abatement  of  tax,  and  are  living  and  well  protected  from  domes- 
tic animals  at  the  time  of  such  demand. 

Sec.  1,  Act  of  July  2,  1901,  P.  L.  610. 

The  allowance  of  this  rebate  is  mandatory  and  may  be  enforced  by  man- 
damus:  Public  Roads  (op.  Dep.  Atty.  Gen.),  1)  D.  R.  288;  s.  c.  Farmers 
Exemptions,  SO  Pa.  G.  ('.  590;  Planting  of  Trees  .Along  Public  Roads,  8 
Dauphin  Co.,  6. 

This  act  is  not  retrospective.  A  taxpayer  is  not  entitled  to  an  abatement 
because  of  trees  transplanted  to  the  side  of  a  public  road  more  than  a  year 
before  the  application  and  before  the  passage  of  this  act :  Harple  v.  Rudy, 
23  Lane.  L.  R.  41. 


L'LMI 

1598.  Any  fruit,  shade  <>r  foresl  tiers  growing  naturally  i>\  the 
side  of  the  public  highway,  where  ^;ii<l  public  highway  runs  through 
cultivated  lands,  shall  he  .-ill;. wed  for  in  the  same  manner  and  on 
the  same  conditions  us  in  the  preceding  section. 

Sec.  L\  An   of  July  2,   1901,   P.   L.  610. 

L599.  Any  trees  transplanted  by  the  side  of  the  public  highway 
.•is  aforesaid,  in  the  place  of  trees  thai  have  died,  shall  be  allowed 
for  in  the  same  manner  and  on  the  same  conditions  as  in  the  tii-st 

section  of  this  act. 

Sec.  3,  Act  of  July  2,  1901,  P.  L.  610. 

L600.  No  person  shall  be  allowed  an  abatement,  as  aforesaid, 
of  more  than  one-quarter  of  his  said  annual  road  tax. 

Sec.  4.  Act  of  July  2.  1901,   P.  L.  610. 

L601.  Any  person  who  shall  cut  down,  kill  or  injure  any  living 
tree  planted  or  growing  naturally  as  aforesaid,  or  who  negligently 
or  carelessly  suffers  a  horse  or  other  domestic  animal,  driven  by  or 
tor  him  to  injure  any  of  the  trees  hereinbefore  mentioned,  upon  con- 
viction thereof  shall  be  subject  to  a  penalty  of  not  less  than  one 
dollar,  nor  more  than  five  dollars  with  costs  of  suit,  for  each  and 
every  tree  so  cut  down,  killed,  removed  or  injured:  Provided,  that 
if  the  defendant  or  defendants  neglect  or  refuse  to  pay  at  once  the 
penalty  so  imposed  and  costs,  or  shall  not  enter  sufficient  bail  for 
the  payment  of  the  same,  within  ten  days,  he  or  they  shall  be  com 
mitted  to  the  common  jail  of  the  county  in  which  the  offence  was 
committed,  for  a  period  of  not  less  than  one  day  for  each  dollar  of 
penalty  imposed  and  costs:  Provided,  however.  That  the  owner 
of  the  land  upon  which  the  trees  are  growing  and  upon  which  said 
abatement  has  been  granted,  may  remove  such  trees,  on  condition 
that  he  will  immediately  plant  and  maintain  another  tree  or  trees. 
in  the  place  or  places  of  those  removed  by  him,  or  refund  to  township 
said  abatement,  originally  allowed  for  said  tree  or  trees. 

Sec.  5.  Act  of  July  2.  1901.  P.  L.  610. 

1602.  All  moneys  collected  as  a.  penalty  in  accordance  with  section 
five  of  this  act  shall  he  paid  to  the  supervisors  of  roads  or  hoards 
of  supervisors  of  roads  and  form  part  of  the  road  furd  of  the  town- 
ship in  which  the  offence:  was  committed. 

Sec.  6.  Act  of  July  2.  1901.  P.  L.  610. 

1603.  It  shall  be  the  duty  of  the  supervisor  of  roads  or  the  hoards 
of  supervisors  of  roads,  to  keep  a.  permanent  record,  in  a  hook  speci- 
ally prepared  for  that  purpose,  and  which  honk  shall  he  the  property 
of  the  township,  of  all  trees  upon  which  the  said  abatement,  as  here- 


2:;u 

inbefore  mentioned,  has  been  granted;  and  when  any  tree  or  trees 
have  been  removed,  with  or  without  the  consent  of  the  supervisors 
of  roads  or  boards  of  supervisors  of  roads,  the  date  thereof  shall  be 
distinctly  entered  in  the  said  book. 

Sec.  7,  Act  of  July  2,  1901,   P.  L.  610. 

1604.  In  consideration  of  the  public  benefit  to  be  derived  from  the 
retention  of  forest  or  timber  trees,  the  owner  or  owners  of  land  in 
this  Commonwealth,  having  on  it  forest  or  timber  trees  averaging 
not  fewer  than  fifty  trees  to  the  acre,  each  of  said  trees  to  measure 
at  least  eight  inches  in  diameter,  at  a  height  six  feet  above  the  surface 
of  the  ground,  with  no  portion  of  the  said  land  absolutely  cleared  of 
the  said  trees,  shall,  upon  filing  with  the  assessor  of  their  respective 
townships  or  districts,  annually,  an  affidavit  made  by  said  owner  or 
owners,  or  by  some  one  in  his,  her  or  their  behalf,  upon  blanks  to  be 
provided  by  the  county  commissioners  of  the  respective  counties, 
and  by  them  to  be  furnished  to  the  assessors  for  the  purposes  here- 
in intended,  setting  forth  the  number  of  acres  of  timber  land  within 
the  requirements  of  this  act,  be  entitled  to  receive  annually,  during 
the  period  that  the  said  trees  are  maintained  in  good  condition  upon 
the  said  land,  a  rebate  equal  to  eighty  per  centum  of  all  taxes,  local 
and  county,  annually  assessed  and  paid  upon  said  lands,  or  so  much 
of  the  eighty  per  centum  as  shall  not  exceed  in  all  the  sum  of  forty- 
five  cents  per  acre ;  the  said  rebate  to  be  deducted  from  said  taxes  pro 
rata,  and  receipted  for  by  the  respective  tax  collectors  or  county 
treasurer:  Provided,  however,  that  no  one  property  owner  shall  be 
entitled  to  receive  said  rebate  on  more  than  fifty  acres. 

Sec.  1,  Act  of  April  8,  1905,  P.  L.  118. 
See  notes  to  section  immediately  following. 

1605.  It  shall  be  the  duty  of  the  assessor,  when  such  affidavit  is 
filed  with  him,  to  record  upon  his  assessment-book  the  amount  of 
timber  land  upon  which  the  owner  or  owners  may  be  entitled  to 
receive  the  rebate,  together  with  the  value  at  which  such  timber  land 
shall  be  assessed,  for  the  purpose  of  furnishing  the  necessary7  inform- 
ation to  those  who  shall  prepare  the  respective  tax  duplicates,  and 
upon  which  duplicates  the  amount  of  the  said  rebate  shall  be  stated. 
No  additional  compensation  shall  be  allowed  any  assessor  for  per- 
forming the  duties  required  by  this  act.  It  shall  likewise  be  the 
duty  of  each  assessor,  after  receiving  such  affidavit,  to  file  the  same, 
at  the  time  of  making  his  return,  with  the  county  commissioners  of 

the  respective  counties. 

Sec.  2,  Act  of  April  8,  1905,  P.  L.  118. 

This  act  was  held  unconstitutional  in  Tubbs  v.  Tioga  Co.,  16  D.  R.  318, 
s.  c.  32  Pa.  C.  C.  50 If,  as  being  in  contravention  of  Section  1, Article  IX  of 
the  Constitution.     See  also  Christley  v.  Butler  Co.,  31  Super.  Ct.  32. 


231 

L606.  Whenever  timber,  on  laud  which  is  included  in  the  class 
of  laud  known  as  auxiliary  foresl  reserves,  is  about  to  be  harvested, 
the  then  owner  of  the  timber  on  said  land  shall  give  a  bond  to  the 
county  treasurer  in  twenty  per  centum  of  the  amount  of  the  estimated 
value  of  the  timber  to  be  harvested,  and  to  be  approved  by  the  court 
of  the  county,  conditioned  to  pay  to  the  county  treasurer,  within 
ninety  days  after  harvesting,  ten  per  centum  of  the  value  of  the 
trees  immediately  at  and  before  the  time  of  harvesting;  which  amount 
shall  be  ascertained  by  statement  and  return,  under  oath  or  affirma- 
tion, furnished  in  triplicate,  one  to  the  county  commissioners,  one  to 
the  county  treasurer,  and  one  to  the  commission,  immediately  after 
harvesting,  by  the  then  owner  of  the  land,  setting  forth  said  value; 
which  sum  thus  paid  shall  be  divided  and  distributed  by  the  county 
treasurer  of  each  county — to  the  county,  and  to  the  poor  district,  the 
road  district,  and  the  school  district  of  the  township  in  which  the 
auxiliary  reserve  is  situate,  pro  rata,  based  upon  the  last  assessed 
millage  of  taxation  for  county,  poor,  road,  and  school  purposes  within 
said  taxing  district. 

Such  sum  of  money  when  ascertained  to  be  due  as  a  tax  by  the 
tiling  of  the  foregoing  statement  and  return,  under  oath,  and,  as 
hereinbefore  provided,  directed  to  be  paid  to  the  county  treasurer  by 
the  owner  of  an  auxiliary  forest  reserve,  shall,  from  the  time  of  such 
tiling,  be  and  remain  a  lien  upon  the  land  of  such  owner  until  pay- 
ment shall  have  been  made:  And  be  it  further  provided,  That  all 
moneys  received  by  the  boards  of  supervisors  shall  be  appropriated 
exclusively  to  the  opening,  maintenance,  and  repair  of  the  public 
roads  now  or  hereafter  passing  through  or  into  said  auxiliary  forest 
reserves,  or  upon  which  said  reserves  now  or  hereafter  may  abut; 
and,  in  the  event  that  no  public  highways  pass  through  or  into  said 
reserves,  or  none  of  said  reserves  abut  on  such  highways,  then  said 
moneys  shall  be  used  for  general  township  road  purposes. 

Sec.  3,  Act  of  June  5,  1913,  P.  L.  405. 

The  provisions  of  this  section  which  relate  to  the  distribution  and  use  of 
the  tax  thus  realized  are  alone  germane  to  this  work.  The  entire  section 
has  however,  been  incorporated  in  order  to  render  it  intelligible. 

Under  other  sections  of  this  act  auxilliary  forest  reserves  may  not  be 
assessed  for  a  sum  exceeding  one  dollar  per  acre.  The  assessment  would  of 
course  be  fixed  by  the  county. 

But  see  also  Section  3  of  the  Act  of  June  5,  1913,  P.  L.  426,  for  provi- 
sions as  to  taxation  when  land  has  been  classed  as  auxiliary  forest  reserves, 
and  lias  been  removed  from  such  class,  before  maturity,  by  the  action  of 
the  owner  of  the  land. 

In  addition  to  the  amount  realized  from  the  taxation  of  auxiliary  forest 
reserves  and  the  sum  received  under  the  •  above  provisions  of,  Section  3, 
of  the  Act  of  June  5,  1913,  P.  L.  405,  such  reserves  are  liable  to  a  charge 
of  two  cents  per  acre  under  the  Act  <>{  June  5,  1913,  P.  L.  408.  This  charge 
is  payable  by  the  State. 


232 

Under  the  Act  of  April  5,  1905,  P.  L.  Ill,  State  forest  reserves  are  subject 
to  a  charge  of  two  cents  per  acre  for  road  purposes,  which  amount  is  also 
payable  by  the  State. 

(g)     Tax  Liens. 

1607.  This  act  shall  be  known  and  may  be  cited  as  the  Municipal 
Tax  Lien  Act. 

The  word  "taxes"  as  used  in  this  act,  means  any  county,  bridge, 
road,  borough,  township,  school,  or  poor  taxes. 

The  words  "tax  claims"  or  "liens,"  as  used  in  this  act,  means  the 
claim  tiled  to  recover  taxes. 

The  word  "municipalities,"  as  used  in  this  act,  means  any  county, 
borough,  incorporated  town,  township,  school  district,  and  poor  dis- 
trict. 

The  word  "claimant,"  as  used  in  this  act,  means  the  plaintiff  in 
whose  favor  the  tax  claim  is  filed  as  a  lien. 

The  word  "owner,"  as  used  in  this  act,  means  the  person  or  persons 
in  whose  name  the  property  is  registered  if  registered,  according  to 
law ;  and,  in  all  other  cases,  means  any  person  or  persons  in  open, 
peacable.  and  notorious  possession  of  the  property  as  apparent  owner 
or  owners  thereof,  if  any,  or  the  reputed  owner  or  OAvners  thereof,  in 
the  neighborhood  of  such  property. 

The  word  "property,"  as  used  in  this  act,  means  seated  real  pro- 
perty subject  to  the  lien,  and  against  which  the  claim  is  filed  as  a 
lien. 

Sec.  1,  Act  of  May  24,  1921,  P.  L.  1089. 

1008.  All  taxes  which  may  hereafter  be  lawfully  imposed  or  assess- 
ed on  any  property  in  municipalities  of  this  Commonwealth,  in  the 
manner  and  to  the  extent  hereinafter  set  forth,  shall  be,  and  they  are 
hereby  declared  to  be,  a  first  lien  on  said  property,  together  with  all 
charges,  expenses,  and  fees  added  thereto  for  failure  to  pay  promptly ; 
and  such  liens  shall  have  priority  to,  and  be  fully  paid  and  satisfied 
out  of  the  proceeds  of  any  judicial  sale  of  said  property  before,  any 
other  obligation,  judgment,  claim,  lien,  or  estate,  with  which  the 
said  property  may  become  charged  or  for  which  it  may  become  liable 
save  and  except  only  the  costs  of  the  sale  and  of  the  writ  upon  which 
it  is  made. 

Sec.  2,  Act  of  May  24.  1921,  P.  L.  1089. 

1609.  The  lien  for  taxes  shall  exist  in  favor  of,  and  the  claim 
therefor  may  be  filed  against  the  property  taxed  by,  the  several  muni- 
cipalities to  which  the  tax  is  payable. 

All  real  property,  now  subject  to  taxation  by  whomsoever  owned 
and  for  whatsoever  purpose  used,  shall  be  subject  to  all  taxes  and 


2.I.. 

tax  claims  herein  provided  for,  except  that  all  property  owned  by  the 
State,  count}',  city,  or  other  municipal  divisions,  and  actual  places 
of  religious  worship,  places  of  burial  not  used  for  or  held  for  private 
or  corporate  profit,  and  institutions  of  purely  public  charity,  shall 
not  be  subject  to  tax  or  tax  claims. 

Sec.  3,  Act  of  May  24,  1921,  P.  L.  1089. 

1010.  Claims  for  taxes  must  be  tiled  in  the  court  of  common  pleas 
of  the  county  in  which  the  property  is  situated  on  of  before  the  hist 
day  of  the  third  calendar  year  after  that  in  which  the  taxes  are  first 
payable.  A  number  of  years  taxes,  if  payable  to  the  same  plaintiff, 
may  be  included  in  one  claim. 

Such  tax  claim,  if  tiied  within  the  period  aforesaid,  shall  remain 
a  lien  upon  said  properties  until  fully  paid  and  satisfied:  Provided, 
however.  That  either  a  suggestion  of  nonpayment  and  an  averment 
of  default  in  the  form  hereinafter  provided,  be  tiled  in  such  cases 
either  before  or  after  judgment  on  the  scire  facias,  or  else  a  writ  of 
scire  facias,  in  the  form  herein  provided,  be  issued  to  revive  the  same 
within  each  period  of  five  years  following:  (a)  the  date  on  which 
said  claim  was  tiled;  (b)  the  date  on  which  a  writ,  of  scire  facias 
was  issued  thereon;  (c)  the  date  on  which  any  judgment  was  entered 
thereon;  (d)  the  date  on  which  a  previous  suggestion  of  nonpayment 
and  default  was  filed  thereon;  or  (e)  the  date  on  which  a  judgment 
of  revival  was  obtained  thereon. 

The  suggestion  and  averment  shall  be  in  the  following  form,  under 
the  caption  of  the  claim: 

And  now the  claimant,  by 

iiis  solicitor,  suggests  of  record  that  the  above  claim  is  still  due  and 
owing  to  the  claimant,  and  avers  that  the  owner  is  still  in  default  for 
nonpayment  thereof.  The  prothonotary  is  hereby  directed  to  enter 
this  suggestion  and  averment  of  the  claim  on  the  municipal  lien  or 
the  proper  docket,  also  to  index  it  upon  the  judgment  index  and  on 
the  locality  index  of  the  court,  for  the  purpose  of  continuing  the  lien 
of  the  claim. 

Such  suggestion  and  averment  must  be  signed  by  the  solicitor  or 
proper  authorities  by  whom  the  tax  was  levied.  The  prothonotary 
shall  docket  and  index  the  suggestion  and  averment  as  directed  there 
in,  and  tor  such  services  shall  be  entitled  to  such  fee  as  provided  for 
by  the  various  prothonotaries'  fee  bills,  to  lie  faxed  and  collected  as 
other  costs  in  the  claim.  The  filing  and  indexing  of  such  suggestion 
and  averment  within  five  years  of  filing  the  claim,  or  the  issuing  of 
any  writ  of  scire  facias  thereon  or  of  any  judgment  thereon,  or  of 
the  tiling  of  any  prior  suggestion  and  averment  of  default,  shall  have 
tin-  -^mo  force  and  effect,  for  the  purposes  of  continuing  and  preserv- 


234 

ing  the  lien  of  the  claim,  as  though  a  writ  of  scire  facias  had  been 
issued  or  a  judgment  or  judgment  of  revival  had  been  obtained  with- 
in such  period:  Provided,  That  no  writ  of  levari  facias  shall  be  issued 
upon  a  claim  for  the  purpose  of  exposing  the  property  liened  to 
sheriff's  sale,  except  after  a  judgment  shall  have  been  duly  obtained 
upon  the  claim  as  provided  in  this  section,  and  such  judgment  must 
have  been  obtained  within  five  years  of  the  issuance  of  the  levari 
facias. 

Whenever  the  lien  of  a  claim  has  been  revived  and  continued  by  the 
filing  and  indexing  of  a  suggestion  and  averment  of  default,  the 
claimant  may,  at  any  time  within  five  years  therefrom,  issue  a  writ  of 
scire  facias  thereon,  reciting  all  suggestions  and  averment  of  default 
filed  since  the  filing  of  the  claim,  and  shall  proceed  thereon  in  the 
manner  herein  provided,  subject  to  the  right  of  the  owner  to  raise 
any  defence  arising  since  the  last  judgment. 

If  a  claim  be  not  filed  within  the  time  aforesaid  or  if  it  be  not 
prosecuted  in  the  manner  and  at  the  time  aforesaid,  it  shall  be  wholly 
lost. 

Sec.  4,  Act  of  May  24,  1921,  P.  L.  1089. 

1611.  Said  claim  shall  set  forth: 

(a)  The  name  of  the  municipality  by  which  filed. 

(b)  The  name  of  the  owner,  and  a  description  of  the  property 
against  which  it  is  filed. 

(c)  The  authority  under  or  by  virtue  of  which  the  tax  was 
levied,  as  well  as  the  time  for  which  the  tax  was  levied. 

(d)  Said  claim  must  be  signed  by  the  solicitor  or  proper  au- 
thority by  whom  the  tax  was  levied. 

Sec.  5,  Act  of  May  24,  1921,  P.  L.  1089. 

1612.  The  property  described  in  tax  claims  shall  include  the 
whole  property  against  which  the  tax  is  levied.  No  tax  claim  shall 
be  invalid  by  reason  of  including  therein  property  to  a  greater  depth 
than  as  above  provided,  but  the  court  in  which  the  same  is  filed  may, 
at  any  time  prior  to  judgment  thereon  but  not  afterwards,  upon  it 
appearing  that  such  claim  includes  property  to  a  greater  depth  than 
is  hereby  made  subject  to  such  claim,  limit  the  lien  thereof  to  tlie 
proper  depth.  In  all  cases  where  a  tax  is  levied  on  or  filed  against 
separate  and  distinct  properties  in  one  amount  covering  all.  the 
proper  public  authority  shall,  if  tendered  with  all  costs,  if  any.  ac- 
cept payment  of  the  portion  of  the  whole  amount  of  said  tax  charge- 
able upon  each  or  any  of  the  separate  and  distinct  properties  so 
charged  together,  according  to  the  tax  rate  and  assessed  valuation 
thereof,  and  payment  and  satisfaction  of  any  one  portion  may  be 
made  without  prejudice  to  the  claim  against  the  remainder. 

Sfc.  6.  Act  of  May  24,  1921.  P.  L,.  1089. 


235 

1613.  Any  person  having  an  interest  in  the  property,  whensoever 
acquired,  may,  after  ten  days  prior  notice  in  writing,  by  leave  of 
court,  intervene  as  a  party  defendant  and  make  defence  thereto  with 
the  same  effect  as  if  he  had  been  orginally  named  as  a  defendant  in 
the  claim  filed.  And  the  claimant;  may,  by  writing  filed  at  his 
costs,  strike  off  the  name  of  any  defendant  therein,  and  may  sub- 
stitute as  a  defendant,  and  issue  a  scire  facias  against,  any  person 
who  may  have  any  interest  therein  as  owner,  or  who  is  the  personal 
representative  of  an  owner  who  had  died  either  before  or  after  filing 
the  claim,  but  substitution  shall  always  be  without  prejudice  to  any 
intervening  rights. 

Sec.  7,  Act  of  May  24,  1021,  P.  L.  1089. 

1614.  In  all  cases  where  a  tax  claim  is  levied  on,  or  filed  against, 
separate  and  distinct  properties  as  one  estate,  it  shall  and  may  be 
lawful  for  the  proper  public  authority,  either  before  or  after  filing  a 
claim  therefor,  to  apportion  the  same  ratably  upon  the  separate  and 
distinct  properties  so  assessed  together.  And  the  court  in  which  the 
claim  is  filed,  on  proof  that  the  properties  were  separate  and  dis- 
tinct at  the  time  the  tax  was  levied,  shall,  at  any  stage  of  the  pro- 
ceedings, apportion  the  charge  against  such  properties.  "When  ap- 
portioned, they  shall  be  treated  and  considered  in  all  respects  as  if 
separate  and  distinct  claims  had  been  filed ;  and  payment  and  satis- 
faction of  any  one  portion  may  be  made  without  prejudice  to  the 
claim  as  against  the  rest. 

Sec.  8,  Act  of  May  24,  1921,  P.  L..  1080. 

1615.  The  claim  shall  be  sued  by  writ  of  scire  facias,  and  the 
form  thereof  shall  be  substantially  as  follows: 

The  Commonwealth  of  Pennsylvania,  to  (names  of  the  parties  de- 
fendant), Greeting: 

Whereas,  The  (give  name  of  the  municipality),  on  the 

day   of    Anno    Domini    1 filed    its 

claim  in  our  court  of  common  pleas  of County,  at  No..  . 

Term,  1 ,  M.  L.  D..  for  the  sum  of  If 

with  interest  from  the day  of 1 

for  (give  the  tax  claim  as  filed),  against  the  following  property, 
situate  in  (give  location  and  brief  description  of  the  property), 
ownel  or  reputed  to  be  owned  by  you: 

And  whereas,  we  have  been  given  to  understand  that  said  claim  is 
still  due  and  unpaid,  and  remains  a  lien  against  the  said  property: 

Xow,  you  are  hereby  notified  to  file  your  affidavit  of  defence  to 
said  claim,  if  defence  you  have  thereto,  in  the  office  of  the  prothono- 
tary  of  our  said  court,  within  fifteen  days  after  the  service  of  thi> 
writ  upon  you.     Tf  no  affidavit  of  defence  be  filed  within  said  time, 


286 

judgment  may  be  entered  against  you  for  the  whole  claim,  and  the 
property,  described  iu  the  claim  be  sold  to  recover  the  amount  there- 
of. 

Witness  the  Honorable ,  President  Judge  of  our 

said  court,  this day  of Anno  Domini  1 

(Seal)  Prothonotary. 

The  claimant,  when  he  filed  his  praecipe  for  the  writ  of  scire 
facias,  may  direct  the  prothonotary  to  add  and  insert  the  names  of 
any  persons  whom  the  claimant  may  know  to  have  an  interest  in  the 
premises,  and  the  scire  facias  shall  be  issued  containing  such  addi- 
tional names.  But  the  parties  to  the  claim  may  agree  upon  an 
amicable  scire  facias,  upon  such  terms  as  may  be  agreed  upon,  with 
the  same  effect  as  if  a  scire  facias,  in  the  form  aforesaid,  had  been 
duly  issued,  served,  and  returned;  or  the  defendants,  or  any  of  them, 
may  waive  the  issue  of  a  scire  facias,  and  appear  with  like  effect  as 
if  the  scire  facias  had  been  issued  and  served. 

Sec.  9,  Act  of  May  24,  1921,  P.  L.  1089. 

1616.  The  sheriff  to  whom  the  scire  facias  is  given  for  service  shall 
add  to  the  writ,  as  parties  defendant,  all  persons,  other  than  those 
named  therein,  who  may  be  found  in  possession  of  the  property  de- 
scribed or  any  part  thereof ;  and,  in  case  no  one  is  in  possession,  he 
shall  post  a  true  copy  of  the  writ  on  the  most  public  part  of  said 
property;  and  he  shall  add  to  the  said  writ  the  names  of  any  per- 
sons, not  already  named  therein,  whom  he  may  ascertain  to  have  an 
interest  in  the  property  described  or  any  part  thereof;  which  writ 
shall  then  be  further  served  as  follows: 

(a)  By  serving,  as  in  the  case  of  a  summons,  such  of  those  named 
in  the  writ  or  added  thereto  as  may  be  found  in  the  county  in  which 
the  writ  issued ;  and 

(b)  Where  the  sheriff  has  information  that  those  named  in  the 
writ  or  added  thereto,  or  any  of  them,  may  be  found  in  any  other 
county  of  this  Commonwealth,  the  said  persons  shall  be  served,  as 
in  case  of  a  summons,  by  the  sheriff  of  the  county  in  which  the  said 
defendants  or  any  of  them  may  reside,  he  being  deputized  for  that 
purpose  by  the  sheriff  of  the  county  in  which  the  writ  issues ;  and 

(c)  In  case  any  of  those  named  in  the  writ  or  added  thereto  can- 
not be  found,  or  their  residences  within  this  Commonwealth  are  un- 
known, or  in  case  they  reside  without  the  Commonwealth,  the  said 
writ  may  be  served  by  advertising  a  copy  thereof  or  a  brief  notice  of 
the  contents  of  the  same,  once  a  week  for  three  successive  weeks,  in 
one  newspaper  of  general  circulation  in  the  county  and  in  the  legal 
periodical,  if  any,  designated  by  the  court  for  that  purpose:  Pro- 
vided, however.  That  any  defendant  may  accept  service  of  said  writ, 
in  person  or  by  counsel,  with  the  same  effect  as  if  duly  served  there- 
with by  the  sheriff. 


237 

Where  the  said  wril  or  the  brief  notice  of  the  contents  thereof 
have  I >oei i  advertised  as  aforesaid,  the  same  shall  have  the  same  effeel 
as  if  the  writ  had  l»een  personally  served  ;  and  all  those  named  there- 
in as  to  whom  publication  has  been  made  shall  file  their  affidavit  of 
defence,  as  required  by  the  said  writ,  within  fifteen  days  alter  the 
date  of  the  last  weekly  advertisement  of  the  said  writ.  Service  of 
any  such  wril  may  be  made  at  any  time  within  three  months  from 
the  date  on  which  it  was  issued,  but  it  shall  be  served  ami  returned 
at  the  earliest  date  possible,  and  the  plaintiff  may  require  its  return 
at  any  time,  whether  or  not  it  be  actually  served. 

Sec.  10,  Act  of  May  24,  1921,  I'.  L.  1089. 

Kill.  If  no  affidavit  of  defence  be  filed  within  the  time  desig- 
nated, judgment  may  l>e  entered  and  damages  assessed  by  the  pro- 
thonotary  by  default  for  want  thereof.  Such  assessment  shall  in- 
clude a  five  per  centum  fee  for  collection  to  plaintiff's  attorney,  not 
exceeding,  however,  twenty  dollars.  If  an  affidavit  of  defence  be 
filed,  a  rule  may  be  taken  for  judgment  for  want  of  a  sufficient  affi- 
davit of  defence,  or  for  so  much  of  the  claim  as  is  insufficiently 
denied,  with  leave  to  proceed  for  the  residue.  The  defendant  may,  by 
rule,  require  the  plaintiff  to  reply,  under  oath  or  affirmation,  to  the 
statements  set  forth  in  the  affidavit  of  defence:  and,  after  the  repli- 
cation has  been  filed,  may  move  for  judgment  on  the  whole  record. 

See.  11,  Act  of  May  24,  1921,  P.  "L.  1089. 

1618.  Tax  claims  shall  be  prima  facie  evidence  of  the  facts 
averred  therein  in  all  cases;  and  the  averments  in  such  claims  shall 
be  conclusive  evidence  of  the  facts  averred  therein,  except  in  the  par- 
ticulars in  which  those  averments  shall  be  specifically  denied  by  the 
affidavit  of  defence  or  amendment  thereof  duly  allowed.  A  compul- 
sory nonsuit  upon  trial  shall  be  equivalent  to  a  verdict  for  defendant, 
whether  the  plaintiff  appeared  or  not.  If  plaintiff  recovers  a  ver- 
dict upon  trial  in  excess  of  the  amount  admitted  by  the  defendant 
in  his  affidavit  of  defence  or  pleadings,  he  shall  be  entitled  to  an 
attorney's  fee  for  collection  equal  to  five  per  centum  of  such  excels, 
but  not  exceeding  fifty  dollars. 

Sec.  12,  Act  of  May  24,  1921,  P.  L.  1080. 

1619.  The  judgment  upon  such  claim  may  be  revived  by  writ  of 
scire  facias  in  the  following  form: 

The  Commonwealth  of  Pennsylvania,  to  O.  D.  and  E.  F..  Greeting: 
Whereas,  A.  !>..  claimant,  on  the day  of 

Anno  Domini  1 recovered  judgment  in  the  sum  of 

dollars  against  you,  that  the  following  described  property  be  sold 

to  satisfy  the  same: 

(Here  describe  property  in  full.) 


238 

And  whereas,  We  have  been  given  to  understand  that  though  judg- 
ment, as  aforesaid,  was  rendered,  yet  the  amount  thereof  is  still  due 
and  unpaid,  and  remains  as  a  lien  against  said  property;  Now,  you 
are  hereby  notified  to  file  your  affidavit  of  defence  to  A.  B.'s  claim 
upon  said  judgment,  if  any  defence  you  have,  in  the  office  of  the 
prothonotary  of  said  court,  within  fifteen  days  after  service  of  this 
writ  upon  you.  If  no  affidavit  of  defence  be  filed  within  that  time, 
said  judgment  may  be  revived  against  you  for  the  amount  set  forth, 
with  interest  from  the  time  of  its  recovery,  and  said  property  be 
sold  to  recover  the  whole  thereof. 

Witness  the  Honorable President  Judge  of  our 

said  court,  this . day  of ,  Anno  Domini  1 

(Seal)  Prothonotary. 

But  the  parties  to  the  judgment  may  agree  upon  an  amicable  scire 
facias  to  revive,  or  to  an  amicable  judgment  of  revival,  upon  such 
terms  as  may  be  agreed  upon,  with  the  same  effect  as  if  a  scire  facias 
in  the  form  aforesaid  had  been  duly  issued,  served,  and  returned. 

Sec.  13,  Act  of  May  24,  1921,  P.  L.  1089. 

1620.  Said  writ  of  scire  facias  shall  be  served,  and  the  proceed- 
ings thereon  shall  be  conducted,  as  to  persons  who  are  found  by  the 
sheriff,  in  the  manner  hereinbefore  provided  for  the  original  scire 
facias  sur  claim,  but,  in  any  and  all  events,  two  returns  of  nihil 
habet  to  the  writs  to  revive  shall  be  equivalent  to  personal  service 
upon  the  defendants.  The  practice  and  procedure  following  said 
scire  facias  to  revive,  so  far  as  applicable,  shall  be  the  same  as  in 
the  case  of  the  original  scire  facias  to  collect  the  claim. 

Sec.  14,  Act  of  May  24,  1921,  P.  L.  1089. 

1621.  All  judgments  for  the  plaintiff,  whether  on  the  original 
scire  facias  or  any  scire  facias  to  revive,  shall  be  de  terris  only,  and 
shall  be  recovered  out  of  the  property  bound  by  the  lien  and  not 
otherwise ;  but  the  costs,  whether  as  against  the  plaintiff  or  the  de- 
fendant actually  defending  against  the  claim,  may  be  recovered  by 
execution  as  in  personal  actions. 

Sec.  15,  Act  of  May  24,  1921,  P.  L.  1089. 

1622.  After  the  expiration  of  twenty  days  from  the  recovery  of 
judgment,  whether  on  the  original  scire  facias  or  any  scire  facias 
to  revive,  except  in  cases  where  the  property  named  is  essential  to 
the  business  of  a  quasi  public  corporation,  the  court  shall,  upon  the 
petition  of  the  plaintiff,  appoint  a  sequestrator  of  the  rents,  issues, 
and  profits  of  the  property  bound  by  the  judgment,  unless,  in  the 
meantime,  an  appeal  be  taken  and  approved  security  given  to  operate 
as  a  supersedeas.    If  the  owner  against  whom  the  judgment  is  entered 


239 

be  in  possession  of  the  property  sequestered,  or  the  party  in  posses- 
sion refuse  to  pay  a  fair  rent,  the  court  shall,  upon  petition  filed  and 
served,  grant  a  rule,  and,  if  it  be  made  absolute,  award  a  writ,  in  the 
nature  of  a  writ  of  habere  facias  possessionem,  directed  to  the  owner, 
commanding  him  to  deliver  such  possession  to  the  sequestrator  within 
fifteen  days  thereafter,  unless  such  property  be  occcupied  by  the 
owner  and  his  family  for  a  home,  in  which  case  he  shall  be  entitled 
to  retain  possession  for  a  period  of  three  months  from  the  time  the 
petition  was  served  upon  him. 

Sec.  1G,  Act  of  May  24,  1921,  P.  L.  1089. 

162o.  Every  claim  tiled,  scire  facias  issued,  verdict  recovered,  and 
judgment  entered,  in  accordance  with  the  provisions  of  this  act, 
shall  be  docketed  in  appropriate  dockets,  and,  except  as  hereinafter 
provided,  shall  be  entered  upon  the  judgment  index  of  the  court. 
When  a  claim  is  stricken  oh"  or  satisfied,  the  name  of  a  defendant 
stricken  out,  a  scire  facias  discontinued  or  quashed,  or  a  verdict  or 
judgment  stricken  oil'  or  satisfied,  a  note  thereof  shall  be  made  on  such 
docket  or  dockets :  Provided,  however,  That  in  counties  in  which  the 
filing  of  liens  for  county  taxes  was  authorized  by  law  prior  to  the 
passage  of  this  act,  the  method  of  filing,  entering,  docketing,  and 
indexing  liens  for  county,  road,  poor,  and  other  taxes  assessed  in 
such  counties,  shall  remain  and  be  continued  thereafter  in  the  same 
manner  and  form  as  in  use  prior  to  the  passage  of  this  act. 

Sec.  17,  Act  of  May  24,  1921,  P.  L.  1089. 

1624.  It  shall  be  the  duty  of  the  prothonotaries  of  the  courts  of  • 
common  pleas  to  keep  a  locality  index,  in  which  shall  be  entered  all 
tax  claims  hereafter  filed,  and,  upon  any  written  order  therefor, 
they  shall  give  a  certificate  of  search,  showing  all  the  claims  filed 
against  any  property.  For  so  doing  they  shall  receive  the  sum  as 
provided  by  the  various  prothonotories'  fee  bills. 

Sec.  18,  Act  of  May  24,  1921,  P.  L.  1089. 

1625.  At  any  time  before  the  property  is  sold,  approved  security 
may  be  entered  for  a  stay  of  proceedings  until  the  expiration  of  one 
year  after  the  date  of  filing  the  claim.  The  entry  of  such  security 
by  the  owner,  before  the  entry  of  judgment  on  the  claim,  shall  be 
equivalent  to  an  admission  by  him  that  the  property  is  liable  for  the 
claim.  After  the  stay  has  expired,  the  claimant  may  proceed  upon 
the  claim  and  the  bond  given,  separately  or  simultaneously. 

Sec.  19,  Act  of  May  24,  1921,  P.  L.  1089. 

1626.  Execution  upon  any  judgment  recovered  upon  any  such 
claim,  except  where  the  property  named  is  essential  to  the  business 


I'll) 

of  a  quasi  public  corporation,  shall  be  by  writ  of  levari  facias,  in  the 
following  form: 

The  Oonimonwealth  of  Pennsylvania,  to  the  Sheriff  of 

County,  Greeting : 

Whereas,  A.  B.,  claimant,  on  the day  of 

,  Anno  Domini  1 ,  recovered  judgment  in  the 

sum  of dollars,  with  interest  from  the day 

of Anno  Domini  1 ,  and  the  costs  amounting  to 

dollars,  in  our  court  of  common  pleas  of 

said  county  of ,  term ,  number 

M.  L.  D.,  against  C.  D.  and  E.  F.,  that  the  following  described  prop- 
erty in  your  bailiwick  be  sold  to  satisfy  the  same,  namely: 

(Here  describe  the  property  in  full.) 

Now,  this  is  to  command  you  that  you  expose  the  said  property 
1o  sale,  by  public  vendue  and  outcry,  after  due  advertisement  ac- 
cording to  law;  and  that  return  of  said  sale,  with  the  moneys 
realized  therebv  and  this  writ,  you  make  to  our  said  court  on  the 
dav  of ,  Anno  Domini 

1 , 

Witness  the  Honorable President  Judge 

of  our  said  court,  this day  of , 

Anno  Domini  1 

Advertisment.  of  such  sale  shall  be  made,  and  the  deed  to  the 
purchaser  shall  be  executed,  acknowledged,  and  delivered,  as  in 
other  real  estate  sales  by  the  sheriff. 

Sec.  20,  Act  of  May  24,  1921,  P.  L.  1089. 

1627.  The  plaintiff  in  any  judgment  recovered  on  a  tax  claim  may, 
upon  paying  the  sheriff's  costs,  fix  an  upset  price  to  be  realized  at 
any  sale  under  such  judgment,  sufficient  to  pay  all  tax  claims  and  all 
accrued  but  unfiled  tax  claims  in  full.  No  sale  shall  be  made  on  a 
judgment  recovered  on  a  tax  claim  except  for  a  sum  sufficient  to  pay 
all  tax  claims  in  full,  except  as  hereinafter  provided,  and  the  plain- 
tiff in  such  judgment  may  purchase  the  property  at  such  sale  for  that 
sum,  if  no  one  bids  a  higher  price  therefor. 

Sec.  21,  Act  of  May  24,  1921.  P.  L.  1089. 

1628.  Where  judgment  is  recovered  upon  any  claim,  the  prop- 
erty named  in  which  is  essential  to  the  business  of  a  quasi  public 
corporation,  the  claimant  shall  have  execution  thereupon  as  in  other 
cases  of  judgments  against  such  corporations.  Upon  the  distribution 
of  any  fund  realized  by  a  sale  of  the  franchises  and  the  whole  or  any 
part  of  the  assets  of  the  corporation,  the  court  shall  determine  the 
actual  value  of  the  property  bound  by  the  lien,  and  the  claim  shall 


I'll 

be  preferred  with  such  other  claims,  to  the  extenl  of  the  value  thus 
determined. 

Sec.  22,  A.-t  of  May  24,  1921,  P.  L.  L089. 

162!).  The  lien  of  a  tax  claim  shall  not  be  divested  by  any  judicial 
sale  of  the  property  liened  where  the  amount  due  is  indefinite  or 
undetermined  or  where  the  same  is  not  due  and  payable;  nor  shall 
the  lien  of  a  tax  claim  be  divested  by  any  judicial  sale  of  the  prop- 
erty liened  as  respects  so  much  thereof  as  the  proceeds  of  such  sale 
may  he  insufficient  to  discharge;  nor.  except  as  hereinafter  provided, 
shall  a  judicial  sale  of  the  property  liened.  under  a  judgment  ob- 
tained on  a  tax  claim,  discharge  the  lien  of  any  other  tax  claim  than 
that  upon  which  said  sale  is  had  except  to  the  extent  that  the  pro- 
ceeds realized  are  sufficient  for  its  payment  after  paying  the  costs 
and  expenses  of  the  sale  and  of  the  writ  upon  which  it  was  made  and 
any  other  prior  tax  claims  to  which  the  fund  may  first  he  applicable. 
On  any  such  sale  being  made,  all  tax  claims  shall  be  paid  out  of  the 
proceeds  thereof  first,  the  oldest  tax  having  priority;  and  mortgages, 
ground-rents,  and  other  charges  on.  or  estates  in.  the  property,  which 
were  recorded  or  created  where  recording  is  not  required,  before  any 
tax  other  than  for  the  current  year  accrue,  shall  not  he  disturbed  by 
such  sale,  unless  a  prior  lien  is  also  discharged  thereby.  In  case  the 
property  be  not  sold  for  a  sum  sufficient  to  pay  all  tax  claims,  to- 
gether with  the  c;)sts  thereon,  the  plaintiff  in  any  such  claim  may 
postpone  the  sale  without  payment  of  costs,  and  file  his  petition,  set- 
ting forth  that  more  than  one  year  has  elapsed  since  the  filing  of 
hia  claim,  that  he  has  exposed  the  property  to  sheriff's  sale  there- 
under, and  was  unable  to  obtain  a  bid  sufficient  to  pay  the  upset  price 
in  full,  and  that  he  will  bid  sufficient  to  pay  the  upset  price;  and. 
upon  the  production  of  searches  or  a  title  insurance  policy,  showing 
the  state  of  the  record  and  the  ownership  of  the  property,  and  of  all 
tax  claims,  mortgages,  ground-rents,  or  other  charges  on.  or  estates 
in,  the  land,  tin4  court  shall  grant  a  rule  upon  all  parties  thus  shown 
to  be  interested  to  appear  and  show  cause  why  a  decree  should  not  be 
made  that  said  property  be  sold,  freed  and  cleared  of  their  respec- 
tive claims,  mortgages,  charges,  and  estates.  If.  upon  a  hearing 
thereafter,  the  court  is  satisfied  that  service  has  been  made  of  said 
rule  upon  the  parties  respondent,  in  the  manner  provided  in  this  act 
for  the  service  of  writs  of  scire  facias  to  obtain  judgments  upon  tax 
claims,  and  that  the  facts  stated  in  the  petition  be  true,  it  shall  order 
and  decree  that  said  property  he  sold  at  a  subsequent  sheriff's  sale, 
day  to  he  fixed  by  the  court  without  further  advertisement,  clear  of 
all  claims,  liens,  mortgages,  charges,  and  estates,  to  the  highest  bid- 
der at  such   sale,  and  the  proceeds  realized   therefrom  shall  be  dis- 

* 

16 


242 

tributed  in  accordance  with  the  priority  of  such  claims;  and  the 
purchaser  at  such  sale  shall  take  and  forever  thereafter  have  an 
absolute  title  to  the  property  sold,  free  and  discharged  of  all  tax 
claims,  liens,  mortages,  charges,  and  estates  of  whatsoever  kind,  sub- 
ject only  to  the  right  of  redemption  as  provided  by  law. 

Any  person  interested  may,  at  any  time  before  the  sale,  pay  th« 
petitioner  the  whole  of  his  claim,  with  interest  and  costs,  whereupon 
the  proceedings  on  petition  shall  at  once  determine. 

For  the  purpose  of  enabling  the  petitioner  in  any  such  proceedings 
to  give  the  notice  required,  he  may  take  the  testimony  of  the  defend- 
ant in  the  claim  or  any  other  person  whom  he  may  have  reason  to 
believe  lias  knowledge  of  the  whereabouts  of  any  of  the  parties  res- 
pondent, either  by  deposition,  commission,  or  letters  rogatory. 

Any  municipality,  being  a  claimant,  shall  have  the  right,  and  is 
hereby  empowered,  to  bid  and  become  the  purchaser  of  the  property 
at  such  sale;  and,  while  the  said  property  so  purchased  is  held  and 
owned  by  such  municipality,  it  shall  not  be  subject  to  tax  claims, 
unless  it  be  redeemed  by  the  former  owner  or  other  person  having  the 
right  to  redeem  as  provided  by  the  act  to  which  this  is  an  amend- 
ment. If,  however,  a  municipality  shall  become  the  purchaser  at 
said  sale,  the  former  owner  or  other  person  desiring  to  redeem  shall 
pay  all  tax  claims  accrued  and  chargeable  against  the  property  prior 
to  the  sale  thereof,  together  with  the  costs  and  interest  thereon,  also 
all  tax  claims  whether  filed  or  not,  which  would  have  accrued  and 
become  chargeable  against  the  property  had  the  same  been  purchased 
at  the  sale  by  some  party  other  than  the  municipality. 

Upon  the  delivery  by  the  sheriff  of  a  deed  for  any  property  sold 
under  a  tax  claim,  the  judgment  upon  which  such  sale  was  had  shall 
thereupon  and  forever  thereafter  be  final  and  conclusive  as  to  all 
matters  of  defence  which  could  have  been  raised  in  the  proceeding, 
including  payment,  and  no  error  or  irregularity  in  obtaining  or  en- 
tering of  such  judgment  shall  affect  the  validity  thereof. 

Sec.  23,  Act  of  May  24,  1921,  P.  L.  1089. 

1630.  The  owner  of  any  property  sold  under  a  tax  claim,  or  his 
assignees,  or  any  party  whose  lien  or  estate  has  been  discharged 
thereby,  may  redeem  the  same,  at  any  time  within  one  year  from  the 
date  of  the  acknowledgement  of  the  sheriff's  deed  therefor,  upon  pay- 
ment of  the  amount  bid  at  such  sale,  the  cost  of  drawing,  acknowledg- 
ing, and  recording  the  sheriff's  deed,  the  amount  of  all  tax  claims, 
whether  or  not  entered  as  liens,  if  actually  paid,  the  principal  and 
interest  of  estates,  and  encumbrances  not  discharged  by  the  sale  and 
actually  paid,  the  insurance  upon  the  property,  and  other  charges 
and  necessary  expenses  on  the  property  actually  paid,  less  rents  or 


2-U 

other  income  therefrom,  and  a  sum  equal  to  interest  at  the  rate  of 
ten  per  ceutum  thereon  from  the  time  of  each  of  such  payments.  If 
both  owner  and  creditor  desire  to  redeem,  the  owner  shall  have  the 
right  so  to  do  only  in  case  he  pays  the  creditor's  claim  in  full.  If 
more  than  one  creditor  desires  to  redeem,  the  one  who  was  lowest 
in  lien  at  the  time  of  sale  shall  have  the  prior  right,  upon  payment 
in  full  of  the  claim  of  the  one  higher  in  lien.  Within  the  year,  one 
who  was  lower  in  lim  may  redeem  from  one  higher  in  lien  who  has 
already  redeemed,  and  the  owner  may  redeem  from  him;  and  so  on 
throughout,  in  each  case  by  paying  the  claims  of  the  one  whose  right 
was  higher;  and  one  higher  in  lien  may  redeem  from  ujnc  lower  in 
lien,  unless  his  claim  is  paid  ;  but,  in  each  case,  the  right  must  be 
exercised  within  the  year. 

Any  person  entitled  to  redeem  may  present  his  petition  to  the 
proper  court,  setting  forth  the  facts  and  his  readiness  to  pay  the 
redemption  money,  whereupon  the  court  shall  grant  a  rule  to  show 
cause  why  the  purchaser  shonild  not  reconvey  to  him  the  premises 
sold;  and,  if  upon  hearing  the  court  shall  be  satisfied  of  the  facts, 
it  shall  make  the  rule  absolute,  and,  upon  payment  being  made  or 
tendered,  shall  enforce  it  by  attachment. 

Sec.  24.  Act  of  May  24,  1021,  P.  L.  1089. 

1631.  Any  claim,  petition,  answer,  replication,  scire  facias,  affi- 
davit of  defence,  or  other  paper  filed  of  record,  may  be  amended, 
from  time  to  time,  by  agreement  of  the  parties,  or  by  leave  of  court 
upon  petition  for  that  purpose,  under  oath  or  affirmation,  setting 
forth  the  amendment  desired,  that  the  averments  therein  contained 
are  true  in  fact,  and  that  by  mistake  they  were  omitted  from  or 
wrongfully  stated  in  the  particulars  as  to  which  the  amendment  is 
desired.  Such  amendments  shall  be  of  right,  saving  intervening 
rights,  except  that  no  amendment  of  the  claim  shall  be  allowed,  after 
the  time  for  its  filing  has  expired,  which  undertakes  to  substitute  an 
entirely  different  property  from  that  orginally  described  in  the  claim. 
but  the  description  of  the  property  may  be  amended  so  as  to  be  made 
more  accurate,  as  in  other  cases  of  amendment.  The  court  may,  for 
cause  shown  and  filed  of  record,  enlarge  the  time  for  filing  the 
affidavit  of  defence,  answer,  or  replication,  for  issuing  a  scire  facias, 
or  for  entering  security,  by  rule  or  special  or  standing  order:  and 
any  judgment  by  default  may  be  o'pened  by  the  court,  upon  cause 
shown  by  interveners  or  other  defendants,  as  in  other  cases ;  but  no 
enlargement  of  the  time  for  issuing  a  scire  facias  shall  extend  the 
same  bevond  the  time  herein  provided  for  preserving  or  retaining  the 
lien  thereof. 

Sec.  25,  Act  of  May  24,  1921,  P.  L.  1089. 


244 

1032.  Any  rule  granted  under  the  provisions  of  this  act  may  he 
made  returnable  a1  such  time  as  the  court  may  direct  either  therein 
or  by  rule  of  court  or  by  special  or  standing  order.  All  petitions, 
answers,  and  replications  shall  be  under  oath  or  affirmation. 

Answers  must  be  filed  and  served  within  fifteen  days  after  service 
of  the  petition,  and  rules  and  replications  must  be  tiled  within  fifteen 
days  after  service  of  the  last  of  the  answers.  Replications  must  be 
confined  to  a  reply  to  new  matter  set  forth  in  the  answers.  The 
facts  averred  by  either  party  and  not  denied  in  the  answer  or  replica- 
tion of  the  other  shall  be  taken  as  true  in  all  subsequent  proceedings 
in  the  cause,  without  the  necessity  for  proof  thereof,  unless  amended 
as  herein  set  forth.  Any  fact  necessarily  found  by  the  court  in 
finally  determining  a  rule  shall  also  be  taken  as  true  in  all  subse- 
quent proceedings  in  the  cause,  without  the  necessity  for  proof  there 
of,  unless  either  party,  by  writing  filed  and  served  at  least  ten  days 
prior  to  the  time  fixed  for  trial,  requires  that  it  be  submitted  to  the 
jury. 

Sec.  26,  Act  of  May  24,  1921,  P.  L.  1089. 

1633.  Unless  otherwise  herein  provided,  all  notices,  petitions,  and 
rules  shall  be  served  upon  counsel  for  the  parties  interested  or  upon 
the  parties  themselves,  in  the  manner  bills  in  equity  are  served,  or 
upon  the  owner  by  leaving  a  copy  with  the  party  in  possession  of  the 
real  estate,  or,  in  default  of  service  in  any  of  the  methods  stated,  then 
in  such  manner  as  the  court  shall  direct. 

Sec.  27,  Act  of  May  24,  1921,  P.  L.  1089. 

1634.  Whenever  security  is  required  to  be  given  in  accordance 
with  the  provisions  of  this  act,  it  may  be  approved  by  the  prothono- 
tary,  subject  to  an  appeal  to  the  court,  as  in  other  cases.  If  there- 
after the  security  be  found  to  be  insufficient,  new  security  may  be 
required  within  a  given  time;  in  default  of  the  entry  of  which,  the 
cause  may  proceed  with  the  same  effect  as  if  none  had  been  given, 
the  sureties,  however,  remaining  liable.  By  agreement  of  the  parties, 
or  upon  approval  by  the  court  after  notice,  new  security  may  be 
entered  in  lieu  of  that  originally  taken,  and  an  exonerator  entered 
on  the  first  bond  •  or  the  security  given  may  be  limited  to  a  particular 
property,  if  clear  of  encumbrances  and  if  also  the  security  be  entered 
as  a  lien  upon  said  property- 
Roc.  28,  Act  of  May  24,1921,  P.  L.  1089. 

1635.  Prom  any  definitive  judgment,  order,  or  decree,  entered  by 
the  court  of  common  pleas  under  any  of  the  provisions  of  this  act,  or 
from  the  refusal  to  open  a  judgment  entered  by  default,  an  appeal 


245 

may  be  taken  by  the  party  aggrieved   to  the  Supreme  or  Superior 
Court,  as  in  other  cases. 

Sec.  29,  Act  of  May  24,  1921,  P.  L.  1089. 

1036.  This  act  shall  apply  only  to  claims  wherein  the  right  to  file 
a  lien  accrues  after  the  date  of  its  approval  ;  but  the  rights  of  other 
claimants  under  existing  laws  shall  remain  unaffected  by  its  pas- 
sage, and  all  claims  properly  hied  thereunder  are  hereby  validated. 

Sec.  30,  Act  of  May  24,  1921,  P.  L.  1089. 

L637.  Nothing  contained  in  this  act  shall  be  construed  to  repeal 
or  affect  the  validity  of  the  following  acts  of  Assembly,  to  wit  : 

An  act;  approved  the  first  day  of  May,  one  thousand  nine  hundred 
thirteen  (Pamphlet  Laws,  two  hundred  and  eighty-five),  entitled  "An 
act  providing  for  the  return  of  taxes  on  seated  lands  in  counties, 
poor  districts,  boroughs,  incorporated  towns,  and  townships,  for 
county,  poor,  boroiugh,  town,  or  township  taxes,  respectively,  and 
providing #f or  the  sale  of  such  lands  for  taxes;1'  and 

The  act,  approved  the  first  day  of  June,  one  thousand  nine  hundred 
fifteen  (Pamphlet  Laws,  six  hundred  and  sixty),  entitled  "An  act 
to  amend  an  act,  approved  the  twenty-first  day  of  May,  Anno  Domini 
one  thousand  nine  hundred  thirteen,  entitled  'An  act  providing  for 
the  return  of  taxes  on  seated  lands  in  counties,  poor  districts,  bor- 
oughs, incorporated  towns,  and  townships,  for  county,  poor,  borough, 
(own,  or  township  taxes,  respectively,  and  providing  for  the  sale  of 
such  lands  for  taxes,  '  so  as  to  include  school  districts." 

Sec.  31,  Act  of  May  24,  1921,  P.  L.  1089. 

1038.  The  act,  approved  the  fourth  day  of  June,  one  thousand 
nine  hundred  and  one  (Pamphlet  Laws,  three  hundred  and  sixty- 
four),  entitled  "An  act  providing  when,  how,  upon  what  property, 
and  to  what  extent,  liens  shall  be  allowed  for  taxes  and  for  municipal 
improvements,  and  for  the  removal  of  nuisances;  the  procedure  up- 
on claims  filed  therefor;  the  methods  for  preserving  such  liens,  and 
enforcing  payment  of  such  claims;  the  effect  of  judical  sales  of  (he 
properties  liened,  and  the  manner  of  distributing  the  proceeds  of 
such  sales,"  and  the  several  amendments  and  supplements  thereto, 
so  far  as  the  same  relate  or  apply  to  lax  liens  and  tax  claims  are 
hereby  repealed.  All  other  acts  and  parts  of  acts,  except  as  here 
inbefore  provided,  inconsistent  with  this  act.  be.  and  the  same  are 
hereby,  repealed. 

The  repeal  by  this  act  of  any  act  of  Assembly  or  part  thereof 
shall  not  revive  anv  art  heretofore  repealed  or  suspended 

Sec.  32.  Act  of  May  24.  1921,  P.  L.  1089. 


246 


CHAPTER  XXXI. 

INDEBTEDNESS.       FINANCE.       SINKING   FUND. 

> 

Since  the  passage  of  the  Act  of  April  20,  1874,  P.  L.  65,  authorizing  the 
incurring  or  increasing  of  indebtedness  by  municipalities,  numerous  curing 
acts  have  been  passed  validating  bond  issues  where  there  was  some  defect, 
error,  or  omission  in  the  procedure  preliminary  to  the  issue.  The  following 
is  a  complete  list  of  these  curing  acts : 

1639.     1897,  May  19,  P.  L.  76 

1897,  May  25,  P.  L.  91 

1897,  June  23,  P.  L.  201 

1901,  February  13,  P.  L.  8 

1901,  April  19,  P.  L.  80 

1901,  June  4,  P.  L.  363 

1903,  April  23,  P.  L.  279 

1903,  April  23,  P.  L.  282 

1905,  March  10,  P.  L.  34 

1905,  April  10,  P.  L.  123 

1907,  May  28,  P.  L.  272 

1909,  April  29,  P.  L.  280 

1909,  May  8,  P.  L.  469 

1911,  June  15,  P.  L.  953 

1911,  June  19,  P.  L.  1044 

1913,  March  27,  P.  L.  18 

1913,  April  17,  P.  L.  76 

1913,  May  1,  P.  L.  145 

1915,  April  21,  P.  L.  153 

1915,  May  14,  P.  L.  473 

1915,  May  14,  P.  L.  493 

1917,  April  26,  P.  L.  107 

1917,  May  29,  P.  L.  308 

1919,  March  26,  P.  L.  29 

1921,  March  24,  P.  L.  50 

1921,  April  12,  P.  L.  126 

1921,  April  26,  P.  L.  290 

« 

(a)     Constitutional  Limitation  on  Township  Indebtedness.    Sinking 

Fund. 

1640.  The  debt  of  any  county,  city,  borough,  township,  school 
district,  or  other  municipality  or  incorporated  district,  except  as 
herein  provided,  shall  never  exceed  seven  per  centum  upon  the  as- 
sessed value  of  the  taxable  property  therein,   nor  shall    any  such 


247 

municipality  or  district  incur  any  new  debt,  or  increase  its  indebted- 
ness to  an  amount  exceeding  two  per  centum  upon  such  assessed  val- 
uation of  property,  without  the  consent  of  the  electors  thereof  at  a 
public  election  in  such  manner  as  shall  be  provided  by  law. 

Constitution  of  Pennsylvania,  part  of  Sec.  8,  Art.  IX. 

The  Constitution  divides  municipal  indebtedness  into  three  classes,  con- 
sider! •(]  with  reference  to  amount,  the  procedure  to  create  which,  in  each 
case,  being  determined  by  the  amount,  as  follows: 

First — Municipal  authorities  may  create  or  increase  the  indebtedness  up 
to  two  per  cent  of  the  assessed  value  of  the  taxable  property,  excluding  that 
indebtedness  created  previous  to  the  adoption  of  the  Constitution,  so  long 
as  the  total  indebtedness  does  not  exceed  seven  per  cent.  Part  of  Sec  8. 
Art.  IX,  Constitution  of  Pennsylvania ;  Borough  of  Millerstown  r.  Frederick, 
11  h  Pa.  J,S5;  Schuldice  v.  Pittsburgh,  23Jf  Pa.  90. 

Second — New  debt  or  increase  of  indebtedness  exceeding  two  per  cent.,  jut 
less  than  seven  per  cent,  of  the  assessed  value,  is  permitted  only  with  t!>-> 
assent  of  the  electors.    Part  of  Seo.  8,  Art.  IX,  Constitution  of  Pennsylvania. 

Third — Where  the  debt  is  over  seven  per  cent,  of  the  assessed  valuation  it 
may  be  increased  to  ten  per  cent,  with  the  assent  of  "Three-fifths  of  the 
electors  voting  at  a  public  election":  Part  of  Sec.  15,  Art.  IX,  Constitu- 
tion of  Pennsylvania. 

Again  there  are  two  classes  of  indebtedness,  considered  with  reference  to 
the  method  of  their  creation,  recognized  in  the  Constitution,  one  called  for 
convenience  "councilmanic,"  which  is  created  without  the  assent  of  the 
electors,  and  another  called  "electoral,"  which  must  be  authorized  by 
the  electors.  Where  the  total  indebtedness  does  not  exceed  seven  per  cent, 
the  municipal  authorities  can,  without  vote  of  the  electors,  create  or  in- 
crease the  "councilmanic"  debt  to  two  per  cent,  of  the  assessed  valuation 
of  the  taxable  property.  Keller  v.  Scranton,  202  Pa.  586.  Where  the  debt 
is  more  than  two  per  cent,  and  a  part  of  the  debt  had  been  duly  authorized 
by  a  vote  of  the  electors,  such  part  may  be  deducted  from  the  gross  amount, 
and  the  remainder,  if  under  two  per  cent,  of  the  assessed  value,  may  be 
increased  to  two  per  cent,  without  special  authorization  by  the  electors. 
Keller  v.  Scranton,  202  Pa.  586. 

"Where  two  or  more  municipalities  unite  and  the  act  under  which  they  unite 
transfers  liability  for  preexisting  debts  from  the  respective  units  to  the  con- 
solidated municipality,  the  status  of  the  debts  of  the  separate  municipalities 
remain  the  same  as  before  the  consolidation,  so  that  the  debt  of  a  unit, 
which  was  councilmanic,  becomes  a  councilmanic  debt  of  the  consolidated 
municipality,  and  the  debt  of  a  unit  which  was  electoral,  becomes  an 
electoral  debt  of  the  consolidated  municipality.  Troop  r.  Pittsburgh,  .'~>'i 
Pa.  112. 

The  fact  that  the  people  vote  to  permit  the  funding  of  an  old  debt  ircurred 
without  their  consent  does  not  transfer  the  debt  from  the  councilmanic  to 
the  doctoral  class.  While  both  councilmanic  and  electoral  bonds  must  be 
paid  by  the  tax  payers,  yet.  in  determining  the  amount  of  a  municipality'* 
councilmanic  debt,  bonds  representing  the  electoral  debt,  or  cash  held  for 
their  redemption,  cannot  be  deducted  in  computing  debt  created  by  authority 
of  councils  only.     Schuldice  v.  Pittsburgh,  251  Pa.  28. 

A  school  district  cannot  incur  an  indebtedness  in  excess  of  two  per  centum 
upon   the    assessed    valuation   of    the    property    of    the   district    without    the 


24* 

assent  of  the  electors  thereof.  Briel,  rl  al.  V.  Karthaus  Township  School 
District,  22  D.  R.  511. 

A  contractor  cannot  allege  ignorance  of  the  indebedness  of  a  school  district, 
and  where  his  contract  offends  the  constitutional  inhibition,  he  is  presumed 
to  know  that  the  contract  is  illegal  and  not  capable  of  enforcement.  Ereusler 
r.  McKees  Rocks  School  District.  256  Pa.  281. 

Bonds  issued  by  a  municipality  to  purchase  a  water  works,  secured  solely 
by  the  water  works  without  any  further  liability  on  the  part  of  the  mun- 
icipality, will  constitute  an  indebtedness  forbidden  by  this  section  of  the 
constitution,  if  the  aggregate  of  such  bonds  taken  with  the  prior  municipal 
indebtedness  amounts  to  more  than  seven  per  rent.  of  the  taxable  property 
of  the  municipality.  Lesser  v.  Warren  Borough,  287  Pa.  501,  affirming 
21  D.  /.'.  578;  60  P.  /,.  J.  610;  3  M.  L.  R.  153. 

The  validity  of  a  municipal  contract,  in  so  far  as  il  relates  to  an  increase 
of  the  municipal  debt  beyond  the  constitutional  restriction,  must  be  deter- 
mined as  of  the  time  it  was  made.  Where  there  are  bona  fide  outstanding 
debts  due  the  municipality,  and  revenues  which  arc  not  necessary  with  which 
to  meet  current  expenses  during  the  year,  deduction  of  the  amounts  thereof 
may  be  made  under  the  provisions  of  the  Act  of  April  20,  1874,  P.  L.  65, 
in  ascertaining  the  net  indebtedness.  Yates  r.  Connellsville  Borough,  40  /'..-. 
C.  C.  33,  s.  c.  60  /'.  L.  ■/.  438;  4  M.  L  R.  26;  21  D.  R.   10  48. 

A  contract  for  the  erection  of  a  school  building  at  a  price  which  in  ad- 
dition to  previous  existing  indebtedness  would  create  a  total  debt  in  excess 
of  two  per  cent,  of  the  assessed  valuation  of  the  property  of  the  school 
district  will  be  enjoined  as  an  illegal  increase  of  indebtedness,  although 
the  manner  of  payment  is  limited  to  available  funds  of  current  revenues  as 
they  may  arise  from  a  special  tax  levy  or  otherwise.  McKinnon  r.  Mcrtz,  225 
Pa.  85,  affirming  56  P.  L.  J.  195. 

A  contract  by  which  a  municipality  obligates  itself  to  pay  money  to  a  con- 
tractor for  a  public  improvement  is  an  increase  of  indebtedness  within  the 
meaning  of  the  constitution.  Waters  v.  Tamaqua  Borough,  37  Pa.  C.  C. 
65.  s.  c.  19  D.  R.  1075;  5  Sch.  148;  2  M.  L.  R.  15. 

The  increase  of  two  per  cent,  authorized  by  this  section  may  not  be 
transcended  except  by  a  popular  vote,  and  this,  whether  the  increase  has 
been  made  by  successive  additions,  eaich  less  than  two  per  cent,  or  at  any 
one  time  and  by  one  municipal  act  alone.  Houston  r.  Lane,  191  Pa.  1  \S, 
affirming  15  Lane.  L.  R.  177;  8  D.  R.  19. 

A  municipal  contract  cannot  be  enforced  where  it  appears  that  the  contract 
if  enforced  would  result  in  an  increase  of  indebtedness  to  an  amount  exceeding 
two  per  centum  upon  the  assessed  valuation  of  property  without  the  assent 
of  the  electors.     O'Malley  v.  Olyphant,  198  Pa.  525. 

Debt  and  indebtedness  in  this  section  are  not  used  in  any  technical  way, 
but  in  their  broad  general  meaning  of  all  contractual  obligations  to  pay 
in  the  future  for  considerations  received  in  the  present.  Unliquidated 
damages  to  land  owners  from  a  public  improvement  are  a  debt  within  this 
meaning.  Keller  r.  Bcranton,  200  I'a.  ISO;  see  also  Lesser  v.  Warren 
Borough.  237  Pa.  501. 

Where  the  indebtedness  of  a  city  exceeds  the  limit  by  this  section  of  the 
constitution,  it  cannot  create  a  new  debt.  If  the  contracts  and  engagements 
of  municipal  corporations  do  not  overreach  their  current  revenues,  no  ob- 
jections can  lawfully  be  made  to  them,  however  great  the  indebtedness  of 
such    municipalities    may    be,    for   in    such    case    their    engagements    do    not 


24  J) 

extend  beyond   their  present    means  of  payment,   and  so   m*  debl    is  created. 
Ippeal  of  City  of  Erie,  91  Pa.  398. 

The  municipal  authorities  may  increase  the  debl    from   time  i<>  time  until 
iwo  per  centum  has  been  added,  provided  the  original  debt,  witli  the  incri 
does  ii"i  exceed  seven  per  centum.     After  (he  i\\"  per  centum  has  been  added 
there    can    be    no    further    increase    without    the    vote    of    the    people.     Pike 
County  v.  Rowland,  .''/  /'</.  238. 

WAY.  Any  of  the  said  municipalities  or  counties  inav  incur  in 
debtedness  in  excess  of  seven  per  centum,  and  not  exceeding  ten  per 
centum,  of  the  assessed  valuation  of  the  taxable  properly  therein,  if 
said  increase  of  indebtedness  shall  have  been  assented  to  by  tliree- 
fifths  of  the  electors  voting  at  a  public  election,  in  such  manner  as 
provided  by  law. 

Constitution  of  Pennsylvania,  part  of  Sec.  15,  Art.  IX. 

The  term  "municipalities"  as  used  in  this  section  does  not  include  the 
city  of  Philadelphia. 

This  section  does  not  authorize  the  increase  of  the  indebtedness  of  school 
districts  to  ten  per  centum  of  the  valuation  of  the  taxable  property  therein, 
but  it  would  serin  to  apply  to  townships:  Long  r.  Cheltenham  Township 
School  District,  269  Pa.  472. 

See  section  1650. 

1042.  No  debt  shall  be  contracted  or  liability  incurred  by  any 
municipal  commission,  except  in  pursuance  of  an  appropriation  pre- 
viously made  therefor  by  the  municipal  government. 

Constitution   of  Pennsylvania,   Sec.   2,   Art.   XV. 

104.").  Any  county,  township,  school  district  or  other  municipality 
incurring  any  indebtedness  shall,  at  or  before  the  time  of  so  doing, 
provide  tor  the  collection  of  an  annual  tax  sufficient  to  pay  the  in- 
terest and  also  the  principal  thereof  within  thirty  years. 

Constitution  of  Pennsylvania,   Sec.  10,  Art.  IX. 

This  section  does  not  apply  to  the  incidental  and  ordinary  expenses  of 
making  and  repairing  township  roads.  Lehigh  Coal  ami  Navigation  Com- 
pany's  Appeal,   111  Pa.   360. 

A  municipality  will  not  be  permitted  to  deny  its  liability  upon  bonds  on 
the  ground  that  no  tax  had  been  actually  levied  or  assessed  for  their  payment, 
where  the  record  shows  that  the  statement  filed  by  the  clerk  in  the  office  of 
the  court  of  quarter  sessions,  in  advance  of  the  issue,  declared  unqualifiedly 
that  such  a  tax  had  been  levied.     Bell  v.  Waynesboro,  195  Pa.  299. 

Municipal  indebtedness  as  used  in  this  section  is  such  indebtedness  as  may 
arise,  from  some  contract  of  the  municipality,  and  which,  being  in  excess  of 
the  current  revenue,  is  to  he  interest  bearing,  for  some  definite  period. 
Davis  v.  Doylestown,  8  Pa.  C.  <'.  573. 

Borrowing  money  with  which  to  pay  off  a  valid  existing  indebtedness, 
thus  merely  exchanging  one  creditor  for  another,  ;s  not  prohibited  by  tin's 
section  of  the  constitution.  Efempfield  Toionship  Supervisors,  36  fa.  C.  C. 
532;  s  e.  11  Del.  188;  57  P.  L.  ./.  235. 

If  a  muicipality  at  the  time  of  making  a  contract  levies  a  tax  in  good 
faith   supposed    to   he   adequate   to    meet  it,   but  on    account   of  unforseen   ..<•- 


250 

currencee  the  result  is  an  insufficient  fund,  it  cannot  be  held  that  the  contract 
would  thereby  be  made  bad.  Potters  National  Bank  v.  Ohio  Township,  Mid 
Pa.  104. 

This  section  does  not  apply  to  the  case  of  a  municipality  incurring  a 
lawful  indebtedness  and  intending  to  pay  at  once  by  levying  a  tax,  or  with 
money  then  in  its  treasury.  Within  the  constitutional  limit,  debts  within  the 
lawful  power  of  a  municipality  to  incur  may  be  contracted  without  pro- 
viding for  a  direct  annual  tax,  unless  payment  of  such  indebtedness  is  defer- 
red to  a  fixed  future  period:  Com.  v.  Straban  Township,  45  Pa.  V.  C.  85, 
s.  c.  19  Dauphin  302. 

When  a  school  district  enters  into  an  agreement  with  a  contractor  for 
the  construction  of  a  school  house,  it  incurs  an  indebtedness,  the  payment 
of  which  must  be  provided  for  at  or  before  its  creation.  The  absence  of 
such  provision  makes  the  contract,  as  between  the  parties  to  it,  unlawful  and 
void:  Spatz  v.  School  Districts  of  Heidelberg  and  Robesonia,  25  D.  R.  452; 
s.  c.  7  Berks 


(b)    Procedure  to  Incur  or  Increase  Township  Indebtedness.    Enab- 
ling Legislation. 

1644.  Whenever  the  debt  of  any  county,  city,  borough,  township, 
school  district  or  other  municipality  or  incorporated  district  with- 
in this  Commonwealth  shall  be  equal  to  seven  per  centum  upon  the 
assessed  value  of  the  taxable  property,  as  fixed  by  the  last  preceding- 
assessed  valuation  therein,  it  shall  be  unlawful  to  increase  the  same, 
and  all  such  increase  shall  be  void,  and  any  obligation  issued  for 
such  increase,  or  any  part  thereof,  shall  be  of  no  binding  force  upon 
such  municipality  or  district;  and  each  of  the  officers  thereof  wilfully 
authorizing  such  increase,  or  executing  any  obligation  therefor,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  not  exceeding  ten  thousand  dollars,  and  undergo  an  imprison- 
ment not  exceeding  one  year,  or  either,  at  the  discretion  of  the  court 
trying  the  same:  Provided,  That  any  city,  the  debt  of  which  now  ex- 
ceeds seven  per  centum  of  such  assessed  valuation,  may,  under  au- 
thority of  law  to  be  hereafter  enacted,  increase  the  same  three  per 
centum  in  the  aggregate  at  any  one  time  upon  such  valuation. 

Sec.  1,  Act  of  April  20,  1874,  P.  L.  65. 

The  entire  indebtedness  which  may  be  created  by  a  municipality  under 
the  constitution,  whether  created  before  or  since  its  adoption,  is  limited  to 
seven  per  centum  of  the  assessed  value  of  the  taxable  property :  Schuldice 
v.  Pittsburgh,  284  Pa.  90. 

The  existing  debt  is  ascertained  by  subtracting  from  the  total  indebtedness 
the  amount  of  the  certificates  of  the  funded  debt  held  in  the  sinking  fund  : 
Brooke  et  ah  v.  City  of  Philadelphia  et  al.  162  Pa.  123;  Bruce  et  al.  v. 
Pittsburgh  et  al.  166  Pa.  152,  and  any  cash  held  therein,  Schuldice  v.  City 
of  Pittsburgh,  251  Pa.  28;  234  Pa-  90. 

The  issuance  of  bonde  for  the  purpose  of  funding  or  refunding  a  debt 
previously  created  and  existing  is  not  an  increase  of  indebtedness,  but 
merely  a  continuation  thereof:     Schuldice  v.  City  of  Pittsburgh,  251  Pa.  28. 


251 

It  is  lawful  for  county  commissioners  to  make  temporary  loam  a«  the 
necessities  of  tlie  county  may  require  to  meet  the  usual  and  ordinary  expenses 
of  the  county,  provided  they  borrow  no  more  than  they  can  repay  out  of  the 
current  revenue  of  the  county  available  within  the  year  in  which  such  money 
is  borrowed:  Commissioners  of  Schuylkill  Co.  v.  Snyder,  20  Pa.  C.  C.  6^9; 
see  also  Brown  et  al.  v.  City  oj  Cony,  et  ul.  !t  D.  R.  645;  Bee  Snyder  *t  ul. 
v.  Commissioners  of  Schuylkill  Co.,  190  Pa.  l^lfi. 

Additional  power  is  conferred  by  this  act  and  the  constitution  to  increase 
municipal  indebtedness  and  to  levy  additional  taxation,  without  any  neces- 
sity for  repealing  pre-existing  limitations  of  the  tax  rate  for  ordinary  muni- 
cipal purposes:     Millvale  Borough,  appeal  of  Howard  et  ul.,  102  Pa.  d7'/. 

See  also  notes  to  Sec.  5  of  this  act,  infra  Sec.  1652. 

1045.  Any  county,  city,  borough,  school  district,  township  of  the 
.second  class,  or  other  municipality  or  incorporated  district,  may 
incur  debt  or  increase  its  indebtedness  to  an  amount  in  the  aggregate 
not  exceeding  two  per  centum  upon  the  assessed  value  of  the  taxable 
property  therein,  as  fixed  and  determined  by  the  last  preceding  as- 
sessed value  thereof;  and  the  corporate  authorities  of  such  munici- 
pality may,  by  a  vote  thereof,  duly  recorded  upon  its  minutes,  au- 
thorize and  direct  the  incurring  or  the  increase  of  such  debt  to  the 
amount  aforesaid;  and  may  issue  coupon  bonds  or  other  securities 
therefor,  in  sums  not  less  than  one  hundred  dollars  each,  bearing 
interest  at  a  rate  not  exceeding  six  per  centum  per  annum,  payable 
semi-annually,  and  the  principal  thereof  reimbursable  at  a  period  not 
exceeding  thirty  years  from  the  date  at  which  the  same  is  authorized ; 
and  an  annual  tax,  commencing  the  first  year  after  such  debt  shall 
be  increased  or  incurred,  sufficient  for  the  payment  of  the  interest 
thereon,  and  the  principal  of  such  debt  within  a  period  not  exceed- 
ing thirty  years  from  the  date  of  such  increase,  shall  be  forthwith 
assessed.  Before  issuing  any  such  obligation  or  security,  it  shall  be 
the  duty  of  the  principal  officer  or  officers  of  such  municipality  or  in- 
corporated district  to  prepare  a  statement  showing  the  actual  in- 
debtedness of  such  district,  the  amount  of  the  last  preceding  assess- 
ed valuation  of  the  taxable  property  therein,  the  amount  of  debt  to 
be  incurred,  the  form,  number  and  date  of  maturity  of  the  obligations 
to  be  issued  therefor ;  and  he  shall  make  and  append  thereto  his  oath 

or  affirmation  of  the  truth  of  the  facts  therein  stated,  and  shall  file 
the  said  statement  in  the  office  of  the  clerk  of  the  court  of  quarter 
sessions  of  the  proper  county;  upon  failure  so  to  do,  he  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  punished 
as  provided  in  the  first  section  of  this  act.  Certified  copies  of  the 
record  of  such  statement,  under  the  seal  of  said  court,  shall  be  com- 
petent evidence  in  all  the  courts  of  this  Commonwealth:  Provided, 
That  the  bonds  shall  not  be  sold  at  less  than  their  par  value. 

Sec.  2,  Act  of  April  20,  1874,  P.  L.  65,  as  amended  by  Sec.  1,  Act  of  April 
13,  1897,  P.  L.  17,  and  Sec.  1,  Act  of  April  28,  1915,  P.  L.  195. 


252 

See  Sep.  1640  with  notes. 

Upon  a  taxpayer's  bill  to  enjoin  a  municipality  from  borrowing  money 
under  an  ordinance  of  council  the  burden  is  upon  the  plaintiff  to  show  (1) 
that  the  total  amount  of  net  increase  of  debt  exceeds  two  per  centum  of  the 
assessed  valuation  of  taxable  property;  (2)  that  the  power  of  councils  to 
increase  the  indebtedness  without  a  vote  of  the  electors  has  been  exhausted  ; 
(3)  that  the  proposed  loan  exceeds  the  limit  provided  by  Art.  IX,  Sec.  8, 
of  the  constitution ;  (4)  that  the  loan  cannot  be  made  without  a  prior  vote 
of  the  electors ;  and  (5)  that  no  provision  has  been  made  for  repayment, 
and  it  cannot  be  repaid  out  of  current  revenues:  Alexander  v.  City  of  Phila. 
et  al.,  11  D.  R.  799. 

The  municipal  authorities  have  the  right  to  borrow  without  the  assent  of 
the  electors  two  per  centum  of  the  assessed  valuation,  so  long  as  the  total 
indebtedness  is  less  than  seven  per  cent.,  excluding  any  indebtedness  existing 
prior  to  the  adoption  of  the  constitution,  and  this  exclusion  applies  to  refund- 
ing bonds  issued  since  that  time  to  take  the  place  of  bonds  outstanding  when 
the  constitution  went  into  effect:  Schuldice  v.  Pittsburgh,  284  P°-  90,  affirm- 
ing 59  P.  L.  J.  192. 

A  municipality  cannot  increase  its  indebtedness  without  the  consent  of 
the  electors  in  such  an  amount  that  the  proposed  increase  added  to  the  debt 
previously  incurred  amounts  to  more  than  two  per  centum :  Appeal  of  the 
City  of  Wilkes-Barre,  109  Pa.  554,  but  this  would  not  seem  to  include  debts 
existing  at  the  time  of  the  adoption  of  the  constitution,  and  the  Act  of  April 
20,  1874,  P.  L.  65 :     Borough  of  Millerstown  v.  Frederick,  114  Pa.  435. 

Where  the  debt  of  a  municipality  is  more  than  two  per  cent  of  the  asses- 
sed value  of  taxable  property  therein,  and  it  appears  that  a  part  of  the  debt 
had  been  duly  authorized  by  vote  of  the  electors,  such  part  may  be  deducted 
from  the  gross  amount,  and  the  remainder,  if  under  two  per  cent  of  the  as- 
sessed value,  may  be  increased  to  two  per  cent,  without  special  authorization 
by  the  electors :     Keller  v.  Scranton,  202  Pa.  586. 

In  order  to  find  whether  or  not  the  indebtedness  of  a  municipality  has 
reached  the  limit  of  two  per  centum  of  its  assessed  valuation  beyond  which  a 
further  increase  is  prohibited  without  the  assent  of  the  electors,  it  is  im- 
proper to  compute  the  increase  by  subtracting  from  the  present  indebtedness 
the  indebtedness  in  18T4.  When  the  difference  between  the  new  debt  in- 
curred since  1874  and  the  amount  of  such  debt  paid  off  and  placed  in  the 
sinking  fund  is  more  than  the  said  two  per  cent,  limit,  no  more  indebtedness 
can  be  incurred  without  the  consent  of  the  electors ;  nor  can  that  portion  of 
the  debt  incurred  since  1874  which  was  incurred  with  the  assent  of  the 
electors  be  subtracted  from  the  increase  to  bring  it  within  the  said  two  per 
cent,  limit :  Houston,  et  al.  v.  City  of  Lancaster,  15  Lane.  L.  R.  177, 
affirmed  in  191  Pa.  14$. 

In  determining  the  percentage  of  the  loan,  the  borough  authorities  are  not 
required  to  go  behind  the  face  of  the  last  assessment :  Appeal  of  Wm.  H. 
Brown,  et  al.,  Ill  Pa.  72. 

The  fact  that  the  people  vote  to  permit  the  funding  of  an  old  debt  incur- 
red without  their  consent  does  not  transfer  the  debt  from  councilmanic  to 
the  electoral  class:     Schuldice  v.  Pittsburgh,  251  Pa.  28. 

It  is  not  necessary  that  the  loan  should  be  issued  redeemable  by  annual 
instalments.  The  intent  of  the  act  is  that  a  certain  sum  shall  be  annually 
raised  in  anticipation  of  payment  which  may  be  made  in  the  redemption 
of  the  bonds  annually  or  paid  into  the  sinking  fund  for  the  payment  of  the 
bonds  at  the  expiration  of  a  term  of  years:     Bruce  et  al.  v.  Pittsburgh  et  al. 


2515 

166  I'n.  152.  The  manner  of  payment  is  left  to  1 1  *  <  -  municipal  authorities, 
and  they  arc  nol  restricted  to  any  particular  method  of  financing  the  debt: 
B lamer e  v.  Borough  of  Parsons,  et  al.,  11  l.nr.  I..  R.  .'//?,  s.  c.  7  M.  L.  If. 
115. 

Before  the  bonds  arc  issued,  an  annual  tax  must  be  assessed  to  pay  the 
indebtedness,  but  the  firsl  year  in  which  the  same  can  be  collected  is  that 
which  succeeds  the  incurring  of  the  indebtedness,  that  is,  the  issue  and  Bale 
of  the  bonds,  tin's  period  of  time  being  the  next  fiscal  year  or  the  next  tax 
year,  but  not  the  next  civil  year:  D  L.  &  W.  R.  R.  Co.  V.  Scranton  <'it>i, 
5  Pa.  C.  ('.  >,.n,  s.  c.  5  Kulp,  67. 

An  ordinance  providing  for  the  increase  of  the  municipal  debt  is  invalid 
which  does  not  provide  for  the  levy  and  collection  of  an  annual  tax  sutli- 
cient  to  pay  the  principal  with  interest  within  thirty  years:  Bruce  ei  <//.  V. 
Pittsburgh  ct  al.  166  Pa.  152. 

The  statement  filed  by  the  municipal  authorities  with  the  clerk  of  the 
court  of  quarter  sessions  is  to  give  notice  of  the  proposed  loan.  A  remon- 
strance is  not  the  proper  method  of  registering  objections  to  the  loan  or  of 
raising  any  question  as  to  the  legality  of  the  same,  and  will  be  stricken  off 
as  irrelevant;  matter:     Laird  v.  Greenshurg,  8  Pa.  V.  C.  621. 

The  statement  provided  for  by  this  section  must  be  tiled  before  the 
securities  are  sold,  which  represent  the  proposed  increase  of  debt:  Com.  ex 
id.  Lyon   v.  Ripple,  Mayor,   >f  Kulp  59. 

There  is  no  presumption  that  officers  of  a  municipality  acting  under  oath 
of  office,  have  not,  in  increasing  the  municipality's  indebtedness,  made  the 
statement  required  by  this  section :  Safe  Deposit  Bank  of  PottsriUc.  v. 
County  of  Schuylkill,   190  Pa.  188. 

An  indebtedness  of  a  school  district  for  materials  supplied  in  the  erection 
of  a  school  house  is  not  within  the  provisions  of  this  act  nor  of  Sec.  8,  Art. 
IX,  of  the  constitution,  if  at  the  time  the  contract  is  made,  the  district  has 
a  surplus  of  assets  over  liabilities,  though  subsequent  contracts  for  the  com- 
pletion of  the  building  extended  the  indebtedness  to  an  amount  beyond  two 
per  cent,  of  the  assessed  valuation,  there  being  no  proof  that  the  directors 
then  had  in  contemplation  such  an  increase  of  the  debt:  School  District 
of  Denison  Township,  v.  Shorten,  et  al.,  2  Penny.  231. 

The  assessed  valuation  is  the  valuation  for  taxable  purposes,  and  if  taxes 
for  school  purposes  in  a  city  are  legally  levied  upon  the  city  valuation,  then 
the  city  valuation  is  the  proper  valuation  upon  which  to  base  an  increase 
of  indebtedness:     Com.   o.  Schmitz,   IS  1>.  R.  861,  s.  c.  56  P.  L.  J.  31. 

Where  a  municipal  corporation  undertakes  that  which  does  not  necessarily 
appertain  to  the  municipality,  it  must  have  express  power  to  do  so,  but  the 
power  is  implied  where  it  undertakes  to  do  that  which  is  necessary.  The 
power  to  create  or  to  increase  debt  to  an  amount  not  exceeding  two  per 
centum  is  granted  in  this  section:  City  of  Williams/tort  v.  Com.  84  Pu. 
',S7. 

As  to  loans  for  temporary  or  other  puriMises,  this  section  does  not  provide 
for  a  definate  statement  of  purpose  as  is  required  to  give  notice  to  the 
public  by  section  three  of  this  act  authorizing  a  loan  only  upon  direct  vote 
of  the  people.  The  practice,  however,  is.  as  it  ought  to  he.  to  set  out  in 
the  ordinance  the  purpose  or  purposes  for  which  the  indebtedness  is  to  be 
incurred,  even  when  the  loan  is  lor  temporary  purposes,  and  authorized 
by  ordinance  without  a  vote  of  the  people.  Elliott  r.  Philadelphia,  229 
Pa.  215. 


254 

The  municipal  auc.ioritics  aue  not  obliged  to  advertise  for  bids  before 
issuing  bonds:   Pearson    v.  Kantner  et  al.  $  Sch.  68. 

Where  bonds  were  issued  to  provide  for  the  payment  of  an  existing  legal 
indebtedness,  and  the  constitutional  and  statutory  requirements  were  not 
followed,  the  bonds  are  void,  but  since  the  money  borrowed  is  applied  to  an 
existing  valid  indebtedness,  thus  merely  exchanging  one  creditor  for'  another, 
the  borough  is  liable  for  the  money  and  recovery  may  be  had  against  it  in 
a  suit  on  the  contract.  Borough  of  Rainsburg  r.  Fagan,  127  Pa.  74,  s.  c.  12 
M.  L.  R.  177. 

1646.  The  indebtedness  of  any  county,  city,  borough,  township, 
school  district,  or  other  municipality  or  incorporated  district  in  this 
Commonwealth,  may  be  authorized  to  be  increased  to  an  amount  ex- 
ceeding two  per  centum,  and  not  exceeding  seven  per  centum,  upon 
the  last  preceding  assessed  valuation  of  the  taxable  property  therein, 
with  the  assent  of  the  electors  thereof,  duly  obtained  at  a  public  elec- 
tion to  be  held  in  the  said  district  or  municipality.  Whenever  the 
corporate  authorities  of  any  county,  city,  borough,  township,  school, 
or  other  municipality  or  incorporated  district,  by  their  ordinance  or 
vote  shall  have  signified  a  desire  to  make  such  increase  of  indebted- 
ness, they  shall  give  notice  during  at  least  thirty  days,  by  weekly  ad- 
vertisements in  the  newspapers,  not  exceeding  three  in  said  district, 
and,  if  no  newspaper  be  published  therein,  by  at  least  twenty  hand- 
bills posted  in  the  most  public  parts  thereof,  of  an  election  to  be 
held  at  the  place  or  places  of  holding  the  municipal  elections  in  said 
district  or  municipality,  on  a  day  to  be  by  them  fixed,  for  the  purpose 
of  obtaining  the  assent  of  the  electors  thereof  to  such  increase  of  in- 
debtedness. 

Said  notice  shall  contain  a  statement  of  the  amount  of  the  last 
assessed  valuation,  of  the  amount  of  the  existing  debt,  of  the  amount 
and  percentage  of  the  proposed  increase,  and  for  the  purpose  for 
which  the  indebtedness  is  to  be  increased.  Such  election  shall  be- 
held at  the  place,  time  and  under  the  same  regulations  as  provided 
by  law  for  the  holding  of  municipal  elections,  and  it  shall  be  the 
duty  of  the  inspectors  of  such  election  to  receive  tickets,  and  to  de- 
posit said  tickets  in  a  box  provided  for  that  purpose,  as  is  provided 
by  law  in  regard  to  other  tickets  received  at  said  election ;  and  the 
tickets  so  received  shall  be  counted  and  a  return  thereof  made  to  the 
clerk  of  the  court  of  quarter  sessions  of  the  proper  county,  duly  cer- 
tified as  is  required  by  law,  together  with  a  certified  copy  of  the  or- 
dinance and  the  advertisement;  and  the  said  clerk  shall  make  a 
record  of  the  same,  and  furnish  a  certified  copy  thereof,  under  seal, 
showing  the  result,  to  the  corporate  authorities  of  such  municipality, 
and  the  same  shall  be  placed  on  record  upon  the  minutes  thereof. 
The  corporate  authorities  of  such  municipality,  shall  in  all  cases,  fix 
the  time  of  holding  such  election  on  the  day  of  the  municipal  or  of 
the  general  election,  unless  more  than  ninety  days  elapse  between  the 


255 

date  of  the  ordinance  or  vote  desiring  such  increase  and  the  day  of 
holding  the  said  municipal  or  general  election.  If  any  other  day  be 
lixed  for  such  election,  the  expense  of  holding  the  same  shall  be  paid 
by  the  municipality  for  the  benefit  of  which  it  shall  be  held.  In  re- 
ceiving and  counting  and  in  making  returns  of  the  votes  cast  the  in- 
spectors, judges,  and  clerks  of  said  election  shall  be  governed  by  the 
laws  of  this  Commonwealth  regulating  municipal  elections:  and  the 
vote  shall  be  counted  by  the  court,  as  is  now  provided  by  general 
laws  governing  municipal  edections,  and  all  the  penalties  of  the  «aid 
election  laws  for  the  violation  thereof  are  hereby  extended  to.  and 
shall  apply  to  the  voters,  inspectors,  judges,  and  clerks  voting  at  and 
in  attendance  upon,  the  elections  held  under  the  provisions  of  this 
act. 

Sec.  3,  Act  of  April  L'o.  1874,  P.  L.  65,  as  amended  by  Se<-.  1.  Act  of 
Juno  9.  1891,  P.  L.  252,  and  Sec.  1,  Act  of  May  1,  1909,  P.  L.  317. 

The  provisions  of  this  section  for  increasing  the  indebtedness  beyond  two 
per  cent  of  the  assessed  valuation  must  be  strictly  complied  with  :  Witherop 
v.  TitusvUle  School  Board  et  al.,  7  P.  C.  C.  Jt51. 

A     court   of   equity   will    restrain   the   carrying   into    effect   of   a    borough 

ordinance  for  an  election  to  be  held  by  citizens  of  the  borough   where  the 

ordinance  provides   for  the   submission   of  several  distinct   questions,  one  of 

which  is  the  funding  of  an   old  debt,   and  compels  the  citizens  to  vote  for 

'  the  who^e  or  none. 

The  only  question  that  can  be  submitted  to  the  people  under  this  act 
is  that  of  increasing  of  the  public  debt  of  the  municipality.  A  bill  in 
equity  can  be  maintained  by  a  taxpayer  and  citizen  of  a  borough  to  restrain 
the  carrying  into  execution  of  such  an  ordinance,  which  is  illegal :  Blooms- 
lurg  Town  Election  Case,  18  Pa.  C.  C.  U9,  s.  c.  .',  D.  R.  671. 

Before  the  authorities  of  a  municipality  can  authorize  an  election  to 
pass  upon  an  increase  in  municipal  indebtedness  to  an  amount  exceeding 
two  per  centum  upon  the  assessed  valuation  of  taxable  property  they  must 
first  act  by  giving  expression,  by  "ordinance  or  vote,"  to  their  desire  for 
the  increase:    Hoffman  v.  Pittslurgh,  229  Pa.  86. 

This  is  mandatory,  and  is  not  complied  with  by  an  ordinance  in  which 
the  councils  both  ordain  "that  the  debt  of  the  said  city  shall  be  increased 
in  the  sum  of  eight  million  dollars,"  and  direct  that  an  election  shall  be  held : 
Bullitt  v.  Philadelphia,  230  Pa.  5JfJh  affirming  19  D.  R.  1083;  (but  see  note 
following.) 

It  is  not  necessary  for  a  borough  council  to  express  its  "desire"  to  in- 
crease the  indebtedness  of  the  borough  by  a  separate  ordinance,  as  pre- 
liminary to  submitting  the  question  to  a  vote  of  the  electors.  The  question 
of  "desire"  may  be  included  in  the  s.une  ordinance  in  which  the  election  and 
notice  are  provided  for:  Egan  v.  Claysville  Borough,  ct  al.,  239  Pa.  259; 
Starch   v.  Lansdoicne  Borough,  239  Pa.  306. 

The  use  of  the  word  "desire"  does  not  mean  that  only  those  particular 
individuals  constituting  the  corporate  authorities  at  the  time  of  the  passage 
of  the  ordinance  signifying  a  desire  to  increase  the  debt,  shall  be  permitted 
to  make  the  increase :     Burr  v.  Philadelphia,  191  Pa.  438. 

No  particular  form  or  words  are  required  in  publishing  notice  of  an  elec- 
tion hereunder  so  long  as  th«  purpose  and  object  to  be  accomplished  axe  suf- 


25(> 

ficiently  set  forth  and  it  contains  the  information  as  prescribed  in  this  sec- 
tion:    Brandt  v.  Elizabethtown  Borough  School  District,  26  Lane.  L.  R.  21,9. 

'The  mandate  as  to  notice  is  sufficiently  complied  with  if  notice  is  properly 
^published  in  two  newspapers  and  possibly  in  one  newspaper  published  in 
-English.  Where  the  advertisement  in  two  newspapers,  plainly  makes  up  the 
'required  weekly  advertisements  for  thirty  days,  it  is  equivalent  to  one 
'complete  advertisement  in  one  newspaper  and  substantially,  if  not  literally 
'complies  with  the  law :  Harrisburg  v.  Dauphin  Deposit  Bank,  12  D.  R. 
207:  s.  c.  6  Dan.  ',.  See  Witherop  v.  Titusville  School  Hoard  vt  al..  1  Pa. 
C.  C.  .',51. 

Where  there  was  an  irregular  publication  in  three  daily  newspapers,  and 
not  continiously  in  any  one,  and  twelve  days  elapsed  during  which  no 
publication  of  the  notice  appeared,  the  statutory  requirement  that  notice 
for  "at  least  thirty  days,  by  weekly  advertisements,"  is  not  satisfied: 
Graham  et  al.,  v.  City  of  Lebanon,  21,0  Pa.  337. 

The  "statement"  required  to  be  published  must  comply  strictly  with  the 
law.  Failure  to  comply  with  this  requirement  in  any  substantial  manner 
will  invalidate  the  loan  :  Bullitt  et  al.,  v.  City  of  Philadelphia  el  al., 
-V'<,  1,  19  D.  R.  1083,  affirmed  in  230  Pa.  51,1,. 

Bonds  issued  to  take  up  outstanding  bonds  and  notes  issued  for  temporary 
Hoans,  where  the  total  is  in  excess  of  two  per  cent  of  the  assessed  valuation, 
>the  increase  of  indebtedness  in  excess  of  the  two  per  cent  might  be  credited 
•and  authorized  by  an  election  :  Roy  r.  Columbia  Borough,  192,  Pa.  11,6. 

The  electors  are  to  assent  or  dissent  to  or  from  the  increase  of  the 
indebtedness,  not  to  or  from  the  purposes  to  which  it  is  to  be  applied  and 
it  is  not  necessary  that  they  shall  vote  separately  on  each  item  set-  apart 
for  the  particular  purpose  for  which  the  debt  is  about  to  be  increased, 
several  of  which  purposes  may  be  included  in  the  same  loan :  Barr  v. 
.I'huadelphia,  191  Pa.  1,38. 

A  proposed  increase  of  municipal  indebtedness,  when  submitted  to  public 
vote  at  the  regular  municipal  or  general  election,  should  be  voted  upon  the 
:general  official  ballot  and  nut  upon  special  separate  ballots  provided  for 
that  purpose.  School  District  of  Kingston  v.  Luz.  Co.  ct  al.,  17  Luz.  L. 
R.  Rep.  1,31,  s.  c.  6  M.  L.  R.  197. 

The  ballots  to  be  used  at  an  election  to  ascertain  whether  the  indebtedness 
of  a  borough  shall  be  increased  must  be  official  ballots  furnished  by  the 
county  commissioners,  and  must  be  in  the  form  presented  by  the  Act  of  April 
29„  1903,  P.  L.  338:  McLaughlin  v.  Summithill  Borough,  221,  Pa.  1,25: 
and  an  election  to  pass  upon  an  increase  of  a  borough's  indebtedness,  where 
the  ballots  were  taken  in  the  form  prescribed  by  the  Act  of  ]S74.  and  its 
amendments,  is  void:  Holtsmun  v.   Braddock,   1 )  D.  R.  51,7. 

The  laws  relating  to  municipal  elections  do  not  require  returns  of  a 
special  election  laid  to  decide  the  matter  of  a  proposed  increase  of  indebted- 
ness, to  be  presented  to.  opened  and  computed  by  the  court:  Steelton 
Borough's  Election,  22  Pa.  C.  C.  593. 

As  this  act,  provides  no  method  for  contesting  the  result  of  an  election 
on  the  question  of  an  increase  of  a  municipality's  indebtedness,  there  can 
be  no  contest  thereof:      Wilson   r.  Baline,  et  al.  262  Pa.  S67. 

The  county  is  noi  liable  for  the  expense  of  a  special  election  held  to 
determine  whether  the  indebtedness  of  a  municipality  shall  lie  increased  or 
not.  W ilk es-B urre  r.  County  of  Ltiserne,  ■'•■  Lu.:.  I,.  R.  75:  Cuskins  v. 
Montour  Op.  8  Luz.   L.  I'.  21<). 

There  is  no  provision  in  the  constitution  or  acts  of  Assembly  that  confer 
upon  the  courts  the  power  to  assume  jurisdiction  of  a  contest  of  a  borough 


257 

election  on  the  question  of  increase  of  indebtedness:     Fowler  v.  Gable,  S  D. 
R.  23. 

The  return  of  a  special  election,  lc  Id  for  the  purpose  of  obtaining  the 
assent  of  the  electors  of  a  school  district  to  an  increase  of  its  indebtedness, 
held  on  a  special  date,  not  the  date  for  holding  the  general  municipal 
election  for  the  county,  is  properly  made  to  the  court  of  quarter  sessions  of 
the  county  in  which  the  school  district  is  located.  If  the  copy  of  the  resolu- 
tion authorizing  the  election,  and  the  advertisement,  are  filed  after  the 
return  of  the  elect  inn  and  made  a  part  of  the  record  it  is  a  substantial  com- 
pliance with  the  record:  Ehler  r.  School  Directors  of  Loner  Paxton  Township, 

r,  nun.  262. 

The  provisions  contained  in  this  section  constitute  tin'  only  authority 
for  municipalities  to  adveri  ise  or  in  anj  other  manner  carry  on  a  campaign 
of  education  in  regard  to  the  determining  by  the  vote  of  the  electors  whether 
the  indebtedness  shall  be  increased  or  not  :  Kelly,  Jr.,  v.  (lumber!,  d  al.  60 
P.  L.  J.  796. 

HUT.  Whenever,  by  the  returns  of  such  election,  it  shall  appear 
that  there  is  ;i  majority  voting  for  "no  increases  of  debt,"  such  in- 
crease shall  not  be  made;  nor  shall  any  other  election  upon  the  same 
subject,  be  held  in  that  municipality  for  one  year  from  the  dale  of 
such  preceding-  election.  If  the  return  of  such  election  shall  show  a 
majority  voting  "that  debt  may  be  increased,'"  the  corporate  author- 
ities of  the  municipality  may  increase  the  same  to  the  amount  named 
and  specified  in  the  notice  given  for  the  holding  of  such  election,  not 
exceeding  seven  per  centum  of  the  last  assessed  valuation  of  such 
municipality,  in  the  manner  and  subject  to  all  the  requirements  pro- 
vided by  the  second  section  of  this  act  for  increasing  indebtedness. 
to  an  amount  not  exceeding  two  per  centum  of  the  last  assessed  val 
nation,  including  the  amount  named  in  the  sworn  statement  to  be 
filed  in  the  office  of  the  clerk  of  the  court  of  quarter  sessions  of  the 
proper  county:  and  they  shall,  before  issuing  any  obligations  there- 
for, assess  and  levy  an  annual  tax.  the  collection  whereof  shall  com- 
mence the  iirst  year  after  the  said  increase,  which  tax  shall  l>e  equal 
to  and  sufficient  for  and  applied  exclusively  to  the  payment  of  the 
interest  and  the  principal  of  such  debt  within  a  period  not  exceeding 
thirty  years  from  the  date  of  such  increase;  and  the  moneys  arising 
from  such  tax  shall  be  applied  at  such  periods  as  the  municipality 
may  stipulate  In  such  obligations,  to  the  redemption  at  par  of  the 
said  outstanding  obligations  according  to  their  terms. 

See.  4.  Act  of  April  20.  1874,  P.  !..  65,  as  amended  by  Acts  of  April  18. 
1895.  P.  L.  30.  and  May  11,  1897.  P.  L.  53,  See.  1. 

Under  the  Act  of  April  18,  1895,  amending  the  fourth  section  of  the  Act 
of  1874.  P.  L.  05,  it  was  held  flint  a  municipality  could  only  increase  its 
indebtedness  at  any  one  time  a.t  any  one  (lection  by  an  amount  not  over 
two  per  centum  by  a  vote  of  the  people:  Sener,  ct  al.  v.  Ephrata  Borough, 
116  Pa.  SO.  A  subsequent  amendment  to  this  section.  May  11,  1897.  P.  L. 
53,  permits  any  increase  to  be  made  so  Ions  as  the  total  indebtedness  does 
not  exceed  the  consiituiiana]  limitation. 

17 


258 

The  provisions  of  this  section  as  to  the  time  within  which  an  election  may 
be  held  where  a- majority  of  the  electors  voted  for  "no  increase  of  debt"  has 
been  indirectly  amended  by  the  Act  of  May  28,  1913,  P.  L.  377.  See  the  two 
sections  immediately  succeeding. 

An  ordinance  providing  for  the  increase  of  the  municipal  debt  is  invalid 
which  does  not  provide  for  the  levy  and  collection  of  an  annual  tax  sufficient 
to  pay  the  principal  with  interest  within  thirty  years :  Bruce  et  al.  v. 
Pittsburgh,  et  al.  166  Pa.  152. 

While  a  given  time  is  fixed  for  the  payment  of  the  debt  the  manner  of 
payment  is  left  to  the  municipal  authorities,  and  they  are  not  restricted 
to  any  particular  method  of  financing  the  debt :  Blamere  v.  Borough  of 
Parsons,  et  al.  17  Luz.  L.  R.  Rep.  1,11,  s.  c.  7  M.  L.  R.  175.  While 
a  certain  sum  should  be  raised  each  year  in  anticipation  of  payment  it  is  not 
necessary  to  pay  it  off  in  annual  instalments :  Bruce  et  al.  v.  Pittsburgh  et 
al.  166  Pa.  152. 

The  municipal  authorities  are  not  obliged  to  advertise  for  bids  before 
issuing  bonds :     Pearson  i\  Kantner  et  al.  8  Sch.  63. 

See  also  notes  to  sec.  7  of  this  act,  Sec.  1659. 

1648.  Whereas.  Section  four  of  an  act,  entitled  "An- .act  to  regu- 
late the  manner  of  increasing  the  indebtedness  of  municipalities,  to 
provide  for  the  redemption  of  the  same,  and  to  impose  penalties  for 
the  illegal  increase  thereof,"  approved  the  twentieth  day  of  April, 
Anno  Domini  one  thousand  eight  hundred  and  seventy-four,  pre- 
scribes that  no  other  election  can  be  held  on  the  same  subject  for  one 
year  from  the  date  of  the  preceding  election,  thus  causing,  in  certain 
years,  a  special  election  or  requiring  the  election  to  be  posponed  for 
another  year:  therefore, — 

Preamble,  Act  of  May  28,  1913,  P.  L.  :]77. 

1649.  Whenever  an   election   is  held   to   increase  municipal  in- 
debtedness, and  the  increase  is  defeated  by  a  majority  vote,  another 

election  for  the  same  purpose  or  on  the  same  subjects,  may  be  hold 
after  fifty-one  weeks ;  and  that,  on  the  fourth  day  of  November,  Anno 
Domini  one  thousand  nine  hundred  and  thirteen,  an  election  may  be 
held  to  increase  municipal  indebtedness  for  the  same  purposes,  or  on 
the  same  subjects,  as  were  defeated  by  a  majority  vote  at  the  election 
held  on  the  fifth  day  of  November,  Anno  Domini  one  thousand  nine 
hundred  and  twelve. 

Sec.  1,  Act  of  May  28,  1913,  P.  L.  377. 

1650.  Any  of  the  said  municipalities  may  incur  indebtedness  in 
excess  of  seven  per  centum,  and  not  exceeding  ten  per  centum,  of  the 
assessed  valuation  of  the  taxable  property  therein,  if  said  increase  of 
indebtedness  shall  have  been  assented  to  by  three-fifths  of  the  electors 
voting  at  a  public  election,  in  such  manner  as  shall  have  been  or  may 
hereafter  be  provided  by  law  for  the  increase  of  indebtedness  by 
municipalities  with  the  assent  of  the  electors. 


259 

Sec.  3,  Act  of  June  5,  1915,  P.  L.  846. 

The  term  "municipalities"  as  used  in  this  section  does  not  include  the  city 
of  Philadelphia. 

This  section  was  adopted  to  carry  into  effect  tin  provisions  of  Sec.  5,  Art. 
IX  of  the  constitution,  See  Sec.  1641. 

1651.  Said  municipalities  shall  have  all  the  rights  and  powers 
necessary  and  needful  to  carry  out  the  provisions  of  this  act. 

Sec.  4,  Act  of  June  5.  1915,  P.  L.  846. 

1652.  The  word  "indebtedness,"  used  in  this  act,  shall  be  deemed, 
held  and  taken  to  include  all  and  all  manner  of  debt,  as  well  floating 
as  funded,  of  the  said  municipality;  and  the  net  amount  of  such  in- 
debtedness shall  be  ascertained  by  deducting  from  the  gros^  amount 
thereof,  the  moneys  in  the  treasury,  all  outstanding  solvent  debt3, 
and  all  revenues  applicable  within  one  year  to  the  payment  of  the 
same. 

Sec.  5,  Act  of  April  20,  1874,  P.  L.  6o. 

The  indebtedness  of  a  municipality,  like  thai  of  an  individual,  is  whal 
it  owes  and  can  be  called  upon  to  pay.  In  determining  the  not  amount 
of  its  indebtedness,  a  municipality  is  not  entitled  to  deduct  author- 
ized, but  unissued  loans.  "Solvent  debts"  are  debts  due  to  a  municipality 
directly,  payment  of  which  it  can  enforce  as  one  of  its  quick  assets  for 
the  liquidation  of  any  of  its  obligations.  Securities  other  than  those  of 
the  city  in  the  sinking  fund  are  merely  an  asset  of  the  city,  and  do  not 
operate  to  the  reduction  of  the  funded  debt:  MoOuire  v.  Philadelphia, 
245  Pa.  287;  Brooke  et  al.  v.  Philadelphia.  162  Pa.   128. 

A  "temporary  loan"  is  a  "debt"  or  "indebtedness''  unless  provision  is 
made  for  its  payment  out  of  the  current  revenues  :  Alexander  v.  City  of 
Philadelphia  et  al.,  17  D.  R.  799. 

Bona  fide  outstanding  debts  due  the  municipality  and  revenues  not 
necessary  to  meet  current  expenses  during  the  year  may  be  deducted  in 
ascertaining  the  net  indebtedness:  Yates  v.  Connellsville  Borough,  21  D. 
R.  101,8,  s.  c.  40  Pa.  G.  C.  88,  60  P.  L.  J.  }88,  )  M .  L.  R.  26:  Elliott  v. 
Philadelphia,    229    Pa.    215. 

Xet  indebtedness  is  ascertained  by  deducting  1  1  I  bonds  and  cash  in  the 
sinking  fund;  (2)  money  in  treasury;  (3)  outstanding  solvent  debts,  and  (4) 
revenues  available  within  the  year  for  the  payment  of  indebtedness:  Snyder 
r.  School  District  of  Greensburg,  et  al.,  15  TjucJc  .1.  817,  s.  c.  4  West  L.  J. 
18. 

The  indebtedness  contemplated  under  this  act  and  Sec.  10,  Art.  IX  of  the 
constitution  is  such  as  may  arise  from  some  contract  of  the  municipality  itself 
and  which  is  to  run  for  some  definite  period  and  is  interest  bearing:  Com.  v. 
Tou-nslup  of  Straban.  19  Dan.  302.  .<?.  c.  1,5  /'•>.  C.  C.  85. 

Temporary  loans,  for  usual  and  ordinary  expenses  of  the  municipality, 
to  be  paid  out  of  the  current  revenues  of  the  year,  is  not  "indebtedness" 
under  this  act.  and  its  flotation  does  not  require  a  proceeding  hereunder : 
Snyder  et  al.  v.  Commissioners  of  Schuylkill  Co.  190  Pa.  ',  /".  affirming  20 
Pa.  C.  G.  6',9.     (See  latter  case.) 

An  annual  sum  to  be  paid  monthly  for  lighting  the  streets  of  a  borough 
for  a  limited  term  i^  not  incurring  of  a  new  indebtedness:  Wade  et  al. 
v.  Oakmonl   borough  et  al.  165  Pa.  479. 


260 

When  the  cost  of  municipal  improvements  shall  be  considered  an  indebted- 
ness, see  Schuldice  v.  City  of  Pittsburgh  59  P.  L.  J.  192,  affirmed  in  234 
Pa.  90. 

Bonds  issued  by  a  bridge  company  of  which  the  municipality  owns  all  the 
stock  and  has  complete  control,  are  properly  counted  as  a  part  of  the  munici- 
pality's debt :     Schuldice  v.  City  of  Pittsburgh,  251  Pa.  28. 
See  also  notes  to  Sec.  1,  of  this  act,  Sec.  1644. 
1653.     The  corporate  authorities  of  ever}-  such   municipality  or 
district  shall,  at  the  end  of  their  fiscal  year,  prepare  and  publish  in 
at  least  two  newspapers  of  said  municipality  or  of  the  county  in 
which  the  same  is  situate,  if  so  many  be  printed  therein,  a  statement 
showing  in  detail,  the  actual  indebtedness,  the  amount  of  the  funded 
debt,  the  amount  of  the  floating  debt  thereof,  tbe  valuation  of  tax- 
able property  therein,  the  assets  of  the  corporation,  with  the  charac 
ter  and  value  thereof,  and  the  date  of  maturity  of  the  respective 
forms  of  funded  debt  thereof;  and  a  neglect  or  failure  so  to  do  shall 
be  a  misdemeanor,  punishable  by  fine  not  exceeding  one  thousand 
dollars. 

Sec.  6,  Act  of  April  20,  1874,  P.  L.  65,  as  amended  by   Sec.  1,  Act  of 
April  12,  1875,  P.  L.  46. 

(c)     Certain  Bonds  Not  to  be  a  Debt  of  Township. 
(1)     Constitutional  Provision. 

1654.  No  obligations  which  have  been  heretofore  issued,  or  which 
may  hereafter  be  issued,  by  any  county  or  municipality,  other  than 
Philadelphia,  to  provide  for  the  construction  or  acquisition  of  water 
works,  subways,  underground  railways,  or  street  railways,  or  the  ap- 
purtenances thereof,  shall  be  considered  as  a  debt  of  a  municipality, 
within  ihe  meaning  of  section  eight  of  article  nine  of  the  Constitution 
of  Pennsylvania  or  of  this  amendment,  if  the  net  revenue  derived 
from  said  property  for  a  period  of  five  years,  either  before  or  after  the 
acquisition  thereof,  or  where  the  snme  is  constructed  by  the  county  or 
municipality,  after  the  completion  thereof,  shall  have  been  sufficient 
to  pay  interest  and  sinking-fund  charges  during  said  period  upon 
said  obligations,  or  if  the  said  obligations  shall  be  secured  by  liens 
upon  the  respective  properties,  and  shall  impose  no  municipal  liabili 
ty.  Where  municipalities  or  counties  shall  issue  obligations  to  pro 
vide  for  the  construction  of  property,  as  herein  provided,  said  muni- 
cipalities or  counties  may  also  issue  obligations  to  provide  for  the  in- 
terest and  sinking  fund  charges  accruing  thereon  until  said  proper- 
ties shall  have  been  completed  and  in  operation  for  a  period  of  one 
year;  and  said  municipalities  and  counties  shall  not  be  required  to 
levy  a  tax  to  pay  said  interest  and  sinking-fund  charges,  as  required 
by  section  ten  of  article  nine  of  the  Constitution  of  Pennsylvania 


261 

until  after  said  properties  shall  have  been  operated  by  said  counties 
or  municipalities  during  said  period  of  one  year. 

Constitution  of  Pennsylvania,  pari   or  Art.   IX,   Sec.  15 
(2)     Enabling   Legislation. 

1655.  Obligations  which  have  been  heretofore  issued,  or  which 
may  hereafter  be  issued  by  any  municipality  other  than  Philadelphia, 
to  provide  for  the  construction  or  acquisition  of  water-works,  sub- 
ways, underground  railways  or  street  railways,  or  appurtenances 
thereof,  shall  not  be  considered  as  a  debt  of  the  municipality,  within 
the  meaning  of  any  act  of  Assembly  of  the  Commonwealth  of  Penn- 
sylvania authorizing  or  limiting  the  incurring  of  debt  or  indebted- 
ness, or  the  increasing  of  debt  or  indebtedness,  by  any  municipality, 
whether  with  or  without  the  assent  of  the  electors  thereof,  if  the  net 
revenue  derived  from  said  property  for  a  period  of  five  years,  either 
before  or  after  the  acquisition  thereof  (or  where  the  same  is  con- 
structed by  the  municipality,  after  the  completion  thereof,  shall 
have  been  sufficient  to  pay  interest  and  sinking-fund  charges  during 
said  period  upon  said  obligations,  or  if  the  said  obligations  shall  be 
secured  by  liens  upon  the  respective  properties,  and  shall  impose  no 
municipal  liability. 

Sec  1.  An  of  June  5,  1915,  P.  L.  846. 

1656.  Where  a  municipality  shall  issue  obligations  to  provide  for 
the  construction  of  water-works,  subways,  underground  railways  or 
street  railways,  or  appurtences  thereof,  the  municipality  may  also 
issue  obligations  to  provide  for  the  interest  and  sinking-fund  charges 
a ccuring  thereon  until  said  properties  shall  have  been  completed 
and  in  operation  for  a  period  of  one  year;  and  said  municipality 
shall  not  be.  required  to  levy  a  tax  to  pay  said  interest  and  sinking- 
fund  charges,  until  after  said  properties  shall  have  been  operated 
by  the  municipality  during  the  said  period  of  one  year. 

See.  2,  A.-t  of  June  5,  1915,  P.  L.  846. 

1657.  Said  municipality  shall  have  all  the  rights  and  powers 
necessary  and  needful  to  carry  out  the  provisions  of  this  act. 

See.  4,  An   of  June  5,  1915,   !'.   I.    846. 

1658.  Should  any  section  or  provision  of  this  act  be  held  by  the 
court  to  be  invalid  or  unconstitutional,  it  shall  not  be  held  to  affect 
any  other  section  or  provision  of  this  act. 

See.  5,  Acl  of  June  5,  1915,  P.  L.  846. 


2«2 

(d)     Bond  Issues  to  Redeem  Existing  Issues. 

1659.  The  existing  indebtedness  of  any  such  municipality 
evidenced  by  outstanding  bonds  or  certificates  of  indebtedness  here- 
tofore issued,  may  be  provided  for  as  the  same  shall  mature,  by  a 
reissue  of  bonds  or  certificates  of  indebtedness  to  the  holders  of 
said  outstanding  bonds  or  certificates,  or  by  the  issue  and  sale  at 
not  less  than  par  of  new  bonds  or  certificates;  and  the  present 
floating  indebtedness  of  any  such  municipality,  may  be  funded  by 
the  issue  and  sale  at  not  less  than  par  of  bonds  or  certificates  of 
indebtedness  in  sums  not  less  than  one  hundred  dollars  each: 
Provided,  That  no  such  bonds  or  certificates  shall  be  issued  for  a 
longer  period  than  thirty  years  from  the  date  thereof;  and  it  shall 
be  the  duty  of  the  proper  corporate  authorities  of  such  municipalty 
to  'provide  for  the  payment  of  principal  and  interest  of  all  such 
bonds,  in  the  manner  pointed  out  in  the  fourth  section  of  this  act. 

Sec.  7,  Act  of  April  20,  1874,  P.  L.  65. 

A  commission  cannot  be  allowed  for  the  conversion  of  outstanding  bonds 
or  certificates  of  indebtedness  into  a  new  series  issued  hereunder  when  such 
commission  would  reduce  the  sum  received  by  the  municipality  to  less 
than  par :      City  of  Scranton  v.  Vail  et  al.,  6  Kulp,  237. 

Taxes  levied  and  collected  to  redeem  bonded  indebtedness  may  be  applied 
to  indebtedness  created  subsequent,  as  well  as  that  created  prior,  to  the 
adoption  of  the  construction :  Appeal  of  the  City  of  Wilkes-Barre,  116 
Pa.   21,6. 

The  issuance  of  bonds  for  the  purpose  of  funding  or  refunding  a  debt 
previously  created  and  existing  is  not  an  increase  of  indebtedness,  but 
merely  a  continuation  thereof :     Schnldice  v.  City  of  Pittsburgh,  251  Pa.  28. 

Outstanding  promissory  notes,  renewals  or  substitutes  for  temporary 
loans,  made  in  earlier  years,  can  only  be  legally  redeemed  by  new  loans, 
when  this  act  has  been  complied  with :  Snyder  et  al.  v.  Commissioners  of 
Schuylkill  Co.  190  Pa.  1,1,0,  affirming  20  Pa.  C.  C.  61,9.      (See  latter  case). 

A  court  of  equity  will  not  enjoin  municipal  authorities  from  issuing  bonds 
for  the  purpose  of  funding  floating  indebtedness  of  the  municipality  where 
they  are  not  charged  with  fraud,  and  there  is  nothing  in  title  evidence  to 
show  that  they  abused  or  intended  to  abuse  the  discreation  vested  in  them, 
or  that  they  were  seeking  to  increase  the  debt  of  thei  municipality,  but 
simply  to  change  the  form  of  an  already  existing  debt:  Snyder  et  al  v.  Com- 
missioners of  Schuylkill  Co.  190  Pa.  1,1,0,  affirming  20  Pa.  0.  C.  61,9. 

See  also  notes  to  Sec.  4,  of  this  act,  supra  Sec.  1647. 

1660.  The  existing  indebtedness  of  any  county,  city,  other  than 
those  of  the  first  or  second  class,  borough,  school  district,  or  other 
municipality  or  incorporated  district,  within  this  Commonwealth, 
evidenced  'by  outstanding  bonds,  certificates,  or  notes  issued  prior 
to  the  twentieth  day  of  April,  Anno  Domini  one  thousand  eight 
hundred  and  seventy-five,  may  be  provided  for  as  the  same  shall 
mature  by  an  issue  to  the  holders  of  such  outstanding  bonds,  certifi- 
cates or  notes,  of  bonds  or  certificates  in  lieu  thereof,  if  they  shall 


2m 

agree  to  receive  the  same,  or  by  fche  issue  and  sale  at  not  less  than 
par,  of  bonds  or  certificates  in  lien  of  indebtedness  outstanding  on 
the  said  twentieth  day  of  April,  Anno  Domini  one  thousand  eight 
hundred  and  seventy-five,  except  as  hereinafter  provided:  Provided, 
That  such  bonds  or  certificates  shall  bear  interest  at  a  rate  not 
exceeding  six  per  centum  per  annum,  and  may  be  issued  redeem- 
able at  the  pleasure  of  the  obligors  nl  any  time  lixed  by  them 
within  twenty  years  from  the  date  thereof;  and  it  shall  be  the  duty 
of  the  proper  corporate  authorities  of  such  municipality  or  incorp- 
orated district,  to  assess  and  levy  a  special  annual  tax  not  exceed- 
ing five  mills  on  the  dollar  on  the  assessed  valuation  thereof,  im- 
mediately after  the  passage  of  this  act,  to  pay  such  bonds  or  certifi- 
cates reissued  or  issued  and  sold  as  aforesaid,  and  which  shall  be 
sufficient  for,  and  applied  exclusively  to,  the  payment  of  the  interest 
and  principal  of  such  bonds  and  certificates  within  a  period  not 
exceeding  twenty  years  from  the  date  of  such  bonds  and  certificates 
so  re-issued  or  so  issued  and  sold:  Provided,  further,  That  the  pro- 
visions of  this  act  shall  not  be  so  construed  as  to  authorize  a  re- 
issue of  any  bonds  or  certificates  which  were  issued,  the  legality 
and  validity  of  which  is  now  questioned  by  legal  proceedings  in  any 
of  the  courts  of  the  commonwealth;  And  provided  further  That 
said  re-issued  bonds  shall  not  be  liable  to  local  taxation;  And 
provided  further,  That  this  act  shall  apply  to  municipalities  the 
amount  of  whose  legal  indebtedness  is  limited  in  their  respective 
charters  of  incorporation  and  supplement  thereto  as  well  as  those 
not  so  limited. 

Sec.  1.  Ah  of  May  8,  1876,  P.  L.  128. 

Bonds  issued  under  this  act  cannot  be  used  to  redeem  floating  indebted- 
ness of  the  municipality  incurred  after  April  20,  1875,  and  all  such  bonds 
issued  for  such  debts  are  illegal  and  void.  And  a  commission  for  their 
handling  cannot  be  allowed  if  the  return  to  the  municipality  on  the  bonds  is 
reduced  below  par :     The  city  of  Scranton  v.   Vail  et  al,  6  Kulp,  2S7. 

1661.  In  all  cases  where  any  county,  city,  borough,  municipality 
or  school  district  in  this  Commonwealth  has,  by  virtue  of  any 
general  or  special  act  of  Assembly,  issued  bonds  or  other  interest- 
bearing  evidences  of  indebtedness,  with  or  without  interest  coupons 
attached,  to  secure  any  indebtedness  of  any  such  county,  city, 
borough,  municipality  or  school  district,  which  may  have  matured 
but  remain  unpaid  and  uncancelled  or  are  about  to  mature  and 
become  payable,  or  whenever  any  county,  city,  borough,  municipality 
or  school  district,  shall  have  the  option  to  redeem  or  pay  any  such 
bonds  or  interest-bearing  evidences  of  indebtedness,  or  whenever 
holders  of  any  bonds  or  interest-bearing  evidences  of  indebtedness 
of  any  county,  city,  borough,  municipality  or  school  district,  which 
may  not  have  matured  or  become  redeemable,  are  willing  to  sur- 


264 

render  the  whole  or  any  part  of  such  issue  of  bonds  or  interest 
bearing  evidences  of  indebtedness,  it  shall  be  lawful  for  any  such 
county,  city,  borough,  municipality  or  school  district,  for  the  purpose 
of  redeeming  or  paying  off  any  or  all  of  the  bonds  or  other  interest- 
bearing  evidences  of  indebtedness  payable,  redeemable  or  offered 
for  redemption,  as  aforesaid,  to  issue  and  sell  cither  registered  or 
coupon  bonds,  bearing  interest  at  a  rate  not  exceeding  the  rate  the 
issue  proposed  to  be  refunded  bears,  and  payable  at  any  time  not 
exceeding  thirty  years  after  the  date  thereof,  and  not  exceeding  in 
the  aggregate  the  amount  of  the  bonds  or  other  evidences  of  indebted- 
ness so  redeemed  or  paid,  and  the  said  bonds  so  issued  or  sold,  in 
accordance  with  the  provisions  of  this  act,  shall  be  exempt  from  taxa- 
tion except  for  State  purposes:  Provided,  however,  That  all  moneys 
for  the  redemption  of  the  issue  of  bonds  proposed  to  be  refunded, 
placed  in  the  sinking  fund  if  any,  shall  be  first  applied  to  the  pay- 
ment, as  far  as  applicable,  of  the  principal  of  such  bonds,  and  the 
balance  of  such  issue  only  shall  be  redeemed  by  the  issue  of  new 
bonds. 

Sec.  1,  Act  of  April  14,  1881,  P.  'L.  10,  as  amended  by  Sec.  1,  Act  of  March 
1,  1899,  P.  L.  6. 

Sec.  2  of  the  Act  of  March  1,  1899,  repeals  Sec.  2  of  the  Act  of  April 
14,   1881. 

The  holders  of  old  bonds  shall  not  be  required  to  surrender  them  for 
new  bonds  except  on  the  basis  of  their  par  value  and  not  at  a  premium 
the  new  bonds  may  command  in  the  market :  Lloyd  v.  Altoona  City,  134  Pa- 
51,5. 

(e)     Townships  Not  to  Become  Stockholders  in  Corporations,  Etc., 

Nor  Loan  Credit. 

1662.  The  General  Assembly  shall  not  authorize  any  county,  city, 
borough,  township  or  incorporated  district  to  become  a  stockholder 
in  any  company,  association  or  corporation,  or  to  obtain  or  ap- 
propriate money  for,  or  to  loan  its  credit  to,  any  corporation,  associ- 
ation, institution  or  individual. 

Constitution   of  Pennsylvania.   See.   7,  Art.  IX. 

This  section  'was  intended  to  prevent  a  city  from  becoming  jointly 
interested  as  stockholder  with  any  company,  etc.  and  from  appropriating 
money  or  loaning  its  credit  to  any  corporation  or  individual:  Wheeler,  et 
al.  v.   Philadelphia,  77  Pa.  338. 

The  absolute  acquisition  of  the  property  of  a  company  is  not  prohibited 
by  this  section :     Erode  v.  Philadelphia,  230  Pa.  434,  affirming  18  D.  R.  899. 

There  is  nothing  in  this  section  which  would  prevent  the  directors  of  the 
poor  of  a  county  from  placing  pauper  children  of  their  district  in  an 
incorporated  home,  or  release  them  from  liability  for  their  maintenance. 
Such  an  action  is  not  lending  the  credit  of  the  municipality  to  or  becoming 
a  stockholder  of  such  a  corporation,  but  merely  establishes  a  contractual 
relation    between    the    home    and    the   directors   of   the    poor,    for    wthich    the 


265 

latter    are    responsible:    Colored    Children's    Home    v.    Cambria    Co.    Poor 
District,  72  Super.  Ct.   106. 

(f)  Bonds  Issued  to  be  Sold  to  Highest  Responsible  Bidder. 

1663.  When  any  county,  city,  borough,  township,  school  district, 
or  other  municipality  or  incorporated  district  of  this  Commonwealth, 

having  authority  so  to  do,  shall  borrow  money  and  issue  bonds  or 
other  securities  therefor  except  in  the  case  of  the  giving  <>!'  notes  for 
temporary  loans  as  may  be  authorized  by  law,  the  authorities  thereof 
shall  sell  the  same  to  the  highest  responsible  bidder,  after  public 
notice  by  advertisement,  once  a  week  for  three  weeks,  in  at  least  one 
newspaper  of  general  circulation  published  in  the  county  in  -which 
such  county,  city,  borough,  township,  or  school  district,  or  other 
municipality  or  incorporated  district,  shall  he  situated:  Provided, 
That  no  bid  for  such  bonds  or  securities  at  less  than  their  par  value 
shall  be  accepted. 

Soc.  1,  A.t  of  July  6,  1917,  P.  T,.  TIT. 

(g)  Township  Bonds  Subject  to  Taxation  For  State  Purposes. 

1664.  All  scrip,  bonds,  certificates  and  evidences  of  indebtedness 
issued,  and  all  scrip,  bonds,  certificates  and  evidences  of  indebtedness 
assumed,  or  on  which  interest  shall  be  paid,  by  any  and  every  private 
corporation  incorporated  or  created  under  the  laws  of  this  Common- 
wealth or  the  laws  of  any  other  State  or  of  the  United  States,  and 
doing  business  in  this  Commonwealth ;  and  all  scrip,  bonds,  certificat- 
es, and  evidences  of  indebtedness  issued,  and  all  scrip,  bonds, 
certificates,  and  evidences  of  indebtedness  assumed,  or  on  which 
interest  shall  be  paid,  by  any  county,  city,  borough  township,  school 
district,  or  incorporated  district  of  this  Commonwealth  are  hereby 
made  taxable  in  the  year  one  thousand  nine  hundred  and  nineteen. 
and  annually  thereafter,  for  State  purposes,  at  the  rate  of  four  mills 
on  each  dollar  of  the  nominal  value  thereof:  Provided,  That  this 
section  shall  not  apply  to  bank  notes,  or  notes  discounted  or  negotiat- 
ed by  any  bank  notes,  or  notes  discounted  or  negotiated  by  any  bank 
or  banking  institution,  savings  institution,  or  trust  company:  And 
provided.  That  the  provisions  of  this  act  shall  not  apply  to  building 
and  loan  associations,  or  to  savings  institutions  having  no  capital 
stock  from  any  taxation  to  which  such  depositors  may  be  subject: 
and  if  at  any  time,  either  now  or  hereafter,  any  persons,  individuals. 
or  bodies  corporate  have  agreed  or  shall  hereafter  agree  to  issue  his. 
their,  or  its  securities,  bonds,  or  other  evidences  of  indebtedness, 
clear  of  and  free  from  the  said  four  mills  tax  herein  provided  for. 
or  have  agreed  or  shall  hereafter  agree  to  pay  the  same,  nothing  here- 


266 

in  contained  shall  be  so  construed  as  to  relieve  or  exempt  kirn,  it 
or  them  from  paying  the  said  four  mills  tax  on  any  of  the  said  such 
securities,  bonds,  or  other  evidences  of  indebtedness  as  may  be  held, 
owned  by,  or  owing  to  the  said  saving  institution  having  no  capital 
stock:  And  provided  further,  That  the  provisions  of  this  act  shall 
not  apply  to  fire  companies,  firemen's  relief  associations,  life  or  fire 
insurance  corporations  having  no  capital  stock,  secret  and  beneficial 
societies,  labor  unions  and  labor  union  relief  associations,  and  all 
beneficial  organizations  paying  sick  or  death  benefits,  or  either  or 
both,  from  funds  received  from  voluntary  contributions  or  assess- 
ments upon  members  of  such  associations,  societies,  or  unions:  And 
provided  further,  That  corporations,  limited  partnerships,  and  joint- 
stock  associations  liable  to  tax  on  capital  stock  for  State  purposes, 
shall  not  be  required  to  pay  any  further-  tax  under  this  section  on 
the  mortgages,  bonds,  and  other  securities  owned  by  them  in  their 
own  right;  but  corporations,  limited  partnerships,  and  joint-stock 
associations  holding  such  securities  as  trustees,  executors,  adminis- 
trators, guardians,  or  in  other  manner,  shall  be  liable  for  the  tax  im- 
posed by  this  section  upon  all  securities  so  held  by  them,  as  in  the 
case  of  individuals:  And  provided  further,  That  none  of  the  classes 
of  property  made  taxable  by  this  section  for  State  purposes  shall  be 
taxed  or  taxable  for  county,  school,  or  other  local  purposes. 

It  is  the  intent  of  this  act  that  all  scrip,  bonds,  certificates,  and 
evidences  of  indebtedness  made  taxable  under  this  section  are  not 
taxable  under  section  one  (1)  of  the  act  to  which  this  is  an  amend- 
ment, and  that  only  such  scrip,  bonds,  certificates,  and  evidences  of 
indebtedness  which  cannot  be  made  taxable  under  this  section  are 
to  be  taxed  under  section  one  (1)  of  said  act. 

Sec.  17,  Act  of  June  17,  1913,  P.  L.  507,  as  amended  by  Act  of  July  15, 
1919,  P.  L.  955. 

A  municipality  in  issuing  bonds  has  no  authority  to  assume  the  State 
tax  where  such  tax  together  with  the  interest  rate  on  the  loan  exceeds  the 
sum  it  is  authorized  by  law  to  pay  for  money :  Irwin  et  al.  v.  Township 
of  Mifflin  et  al.  64  P.  L.  J.  445,  s.  c.  26  D.  R.  S9. 

1665.  The  tax  for  State  purposes,  imposed  upon  obligations  of  pri- 
vate and  public  corporations  by  section  seventeen  of  this  act,  shall 
be  collected  in  the  same  manner  as  the  tax  heretofore  imposed  for 
State  purposes  upon  such  obligations;  it  being  the  true  intent  and 
meaning  of  this  act  that  the  provisions  of  the  law  in  force  at  the 
time  of  the  passage  of  this  act  relating  to  the  collection  of  the  State 
tax  upon  such  obligations  shall  remain  unaffected  by  the  present  act. 
That  the  provisions  of  this  section  shall  apply  to  all  foreign  corporat- 
ions, duly  registered  and  doing  business  in  this  State,  without  regard 
to  whether  the  treasurers  or  other  fiscal  officers  of  such  corporations 


267 

whose  duty  it  may  be  to  pay  the  interest  <>n  obligations  of  the  char- 
acter aforesaid  may  be  residents  or  non-residents  of  this  Common- 
wealth. 

S.t.    18,  Acl   of  June   IT.   L913,  P.  L.  507,  as  amended  by  Act  of  July  15, 
1919,  P.  L.  958. 

1666.  The  treasurer  of  each  school  district,  county,  and  city,  the 
burgess  or  other  chief  officer  of  each  incorporated  district  or  bor- 
ough, of  this  Commonweal tli  within  ninety  days  after  the  passage  of 
this  act.  shall  make  return,  under  oath  or  affirmation,  to  the  Auditor 
General  of  the  amount  of  scrip,  bonds,  or  certificates  of  indebtedness 
outstanding  by  said  county,  city,  incorporated  district,  school  dis- 
trict, borough,  or  incorporation,  as  the  same  existed  on  the  first  day 
of  January,  one  thousand  eight  hundred  and  sixty-four,  and  of  each 
succeeding  year  thereafter,  together  with  the  rates  of  interest  thereon 
at  each  of  those  periods,  under  the.  penalty  of  five  thousand  dollars; 
the  amount  to  be  settled  by  the  Auditor  General,  and  the  amount 
thereof  sued  for  and  collected  as  debts  due  by  defaulting  public  of- 
ficers are  collected:  Provided,  That  on  the  receipt  of  said  returns 
the  Auditor  General  shall  proceed  to  settle  the  accounts  of  each 
county,  city,  incorporated  district,  school  district,  and  borough  with 
the  Commonwealth,  fix  the  State  tax  due  and  unpaid,  and  transmit 
notice  of  the  amount  by  mail,  to  officers  making  said  returns ;  and 
that,  if  the  amount  so  found  due  shall  not  be  paid  within  sixty  days, 
the  Attorney  General  shall  sue  and  collect  the  same,  with  interest, 
from  the  date  of  such  settlement ;  and  hereafter  it  shall  be  the  duty 
of  the  treasurer  of  every  county,  city,  borough,  school  district,  and 
incorporated  district  in  this  Commonwealth  to  deduct  the  said  State 
tax  on  payment  of  any  interest  or  divided  on  debts  due  by  the  county, 
city,  borough,  school  district,  or  incorporated  district,  and  pay  the 
same  over  to  the  State  Treasurer  within  thirty  days  after  the  said 
interest  or  dividend  has  fallen  due 

Sec.  4,  Act  of  April  30,  18G4,  P.  L.  21S,  as  amended  by  Act  of  May  11. 
1911,  P.  L.  236. 

1667.  It  shall  be  the  duty  of  the  treasurer  of  each  county,  incor- 
porated city,  district  and  borough  of  this  Commonwealth  on  the 
payment  of  any  dividend  or  interest,  to  any  holder  or  agent  claiming 
the  same,  on  any  scrip,  bond  or  certificate  of  indebtedness  issued  by 
said  incorporated  city,  district  and  borough  aforesaid,  to  assess  the 
tax  herein  made  and  provided  for  state  purposes,  upon  the  nominal 
value  of  each  and  even-  said  evidence  of  debt  ;  said  tax  to  be  deducted 
by  the  said  treasurer,  on  the  payment  of  any  interest  or  dividend 
aforesaid,  and  the  same  shall  be  held  by  him.  until  paid  over  to  the 
state  treasurer;  and  the  said  treasurers  shall  be  subject  to  the  same 


268 

penalties  and  liabilities  now  prescribed  by  existing  laws  in  relation 
to  taxes  on  bank  dividends. 

Part  of  Sec.  42.  Art  of  April  29,  1844.  P.  L.  486. 

(h)     Constitutional  Prohibition  on  Assumption  of  Township  Debt 

by  Commonwealth. 

1668.  The  Commonwealth  shall  not  assume  the  debt,  or  any  pari 
thereof,  of  any. city,  county,  borough  or  township,  unless  such  debl 
shall  have  been  enacted  to  enable  the  State  to  repel  invasion,  sup 
pressed  domestic  insurrection,  defend  itself  in  time  of  war,  or  to 
assist  the  State  in  the  discharge  of  any  portion  of  its  present  in- 
debtedness. 

Constitution  of  Pennsylvania,  Sec.  9,  Art.  IX. 

(i)     Transfer  of  Municipal  Securities. 

1669.  That  bonds  which  have  been  or  which  may  be  issued  by  the 
state  of  Pennsylvania,  or  by  any  county,  city,  municipal  authority 
or  corporation  therein,  payable  to  bearer,  may,  at  the  option  and  at 
the  expense  of  the  holder  thereof,  be  returned,  and  new  registered 
bonds  of  the  same  or  of  a  larger  denomination,  to  the  aggregate 
amount  thereof,  be  issued,  ipayable  at  the  same  time  and  place  as  the 
bonds  so  retired  to  the  order  of  the  holder  of  said  registered  bonds, 
and  be  transferable  only  in  the  presence  of  the  register,  transfer 
agent,  clerk,  or  other  person  duly  authorized  by  such  state,  county, 
city,  municipal  authority  or  corporation  to  keep  the  transfer  book 
and  make  such  exchanges  and  transfers  which  book  of  transfers  the 
parties  or  corporations  issuing  such  bonds  are  hereby  required  to 
keep;  and  for  the  interest  due  or  to  become  due  on  the  bonds  so  re- 
tired as  aforesaid,  it  shall  be  lawful  for  the  obligors  to  issue  interest 
certificates,  at  the  same  rate  of  interest,  due  at  the  same  time  and 
place  as  the  original  coupons  corresponding  with  the  denominations 
of  the  registered  bonds  and  payable  to  the  order  of  the  holder  of 
said  registered  bond:  Provided.  That  nothing  heretofore  properly  and 
lawfully  done  under  or  in  pursuance  of  the  said  first  section,  shall 
be  impaired  or  invalidated  bv  reason  of  this  amendment. 

Sec.    1,    Act   of   May   1.    1873.    P.    L.   87.    ns   amended    by   Act    of   May   2. 
1879.  P.  L.  47. 

1670.  And  it  shall  further  be  lawful  for  any  corporate  body,  as 
aforesaid,  which  shall  issue  or  may  have  issued  coupon  bond  or  bonds 
payable  to  bearer,  to  register  any  such  original  bond  or  bonds  in  the 
name  of  the  holder  thereof,  and  upon  his  or  her  request,  and  at  his 


269 

or  her  expense,  and  stamp  or  print  in  Large  type,  <>r  write  upon  the 
face  thereof,  thai  the  same  will  only  be  paid  to  ili<*  older  of  the  re- 
gistered holder  thereof;  and  from  and  after  such  stamping,  printing 
or  writing,  such  bonds  shall  only  be  transferable  in  the  manner  pro 
vided  for  in  the  first  section  of  this  act,  unless  the  holder  shall  make 
them  payable  to  hearer  by  a  properly  attested  assignment  to  that 
effect:  such  bond  shall  continue  subject  to  successive  registrations, 
Limitations  or  transfers  to  hearer,  at  the  option  of  each  holder:  and 
the  word  registered  stamped,  printed  or  written  upon  the  coupon  of 
such  bonds,  shall  he  legal  notice  that  they  are  no  longer  payable  to 
hearer,  but  to  the  order  of  the  party  in  whose  name  the  bond  to 
which  the  coupon  is  attached,  shall  be  registered,  unless  the  last 
assignment  thereon  duly  executed,  shall  he  to  the  bearer,  in  which 
event  the  coupon  shall  be  payable  as  other  cases  of  coupon  bonds  to 
bearer. 

Sec.  2,  Act  of  May  1.  1873,  P.  L.  87. 

L671.  It  shall  be  lawful  for  the  holder  or  holders  of  any  such  cou- 
pon bonds  or  bond,  payable  to  bearer,  to  stamp,  print  or  write  on  the 
face  thereof,  "payable  to  endorsed  holder."  and  to  endorse  thereon, 
pay  to  the  order  of signing  his.  her  or  their  names  there- 
to in  the  presence  of  some  officer  authorized  to  take  the  acknowledg- 
ment of  deeds,  who  shall  attest  the  same  under  his  hand  and  seal, 

t 

and  said  bond,  thereafter,  shall  only  be  payable  to  the  legal  holder 
thereof,  or  the  legal  representative  of  such  holder;  such  bond  or  bonds 
shall  continue  subject  to  successive  transfers  in  the  same  manner,  and 
with  like  force  and  effect  by  the  person  thus  legally  holding  the  same  ; 
and  the  holder  of  such  bond  may  stamp,  print  or  write  on  the  coupons 
thereof,  "endorsed,"  and  such  stamping,  printing  or  writing  on  the 
face  and  coupons  of  such  bonds,  shall  be  notice  that  they  are  no 
longer  payable  to  bearer,  but  to  the  endorsed  holder,  or  order,  or  the 
legal  representatives  thereof,  unless  the  last  endorsement  shall  be 
to  bearer  when  they  shall  he  payable  as  other  coupon  bonds  to  bearer. 

Sec.  3,  Act  of  May  1 .  1873.  P.  L.  87. 

1672.  Registrations  made,  or  to  be  made,  of  such  bonds,  in  the 
manner  herein  provided,  or  in  such  other  manner  as  may  have  been 
adopted  between  the  makers  and  holders  thereof,  shall  be  valid;  and 
the  provisions  of  this  act  shall  not  be  construed  as  repealing  special 
enactments  in  regard  to  the  transfer  of  bonds  of  any  corporation. 
nor  shall  the  transfer  of  any  bond  or  bonds  in  the  manner  herein 
provided  impair  any  security  or  the  lien  of  any  mortgage,  which  may 
have  been  given  to  secure  the  payment  thereof,  or  the  rights,  duties 
and  powers  of  any  trustee  in  relation  thereto. 

Sec.  4.  Act  of  May  1,  1873,  P.  L.  87. 


270 

1673.  All  certificates  of  stocks  and  loans  which  have  been  or  may 
hereafter  be  issued  by  this  Commonwealth,  or  by  any  municipal  or 
other  corporation,  shall  be  tranferable  by  the  legal  owner  thereof, 
without  any  liability  on  the  part  of  the  transfer  agents  of  the  Com- 
monwealth, or  the  municipal  or  other  corporation  permitting  such 
transfers,  to  recognize  or  see  to  the  execution  of  any  trust,  whether 
expressed,  implied  or  constructive,  to  which  such  stocks  or  loans  may 
be  subject,  unless  when  such  transfer  agents  of  the  Commonwealth, 
or  officers  of  such  municipal  or  other  corporation,  charged  with  the 
duty  of  permitting  such  transfer  to  be  made,  shall  have  previously 
received  actual  notice  in  writing,  signed  by  or  on  behalf  of  the  person 
or  persons  from  whom  such  stocks  or  loans  appear  by  the  certificate 
thereof  to  be  held  in  trust,  that  the  proposed  transfer  would  be  a 
violation  of  such  trust. 

Sec.  1,  Act  of  May  23,  1874,  P.  L.  222. 

Under  this  act  it  is  the  duty  of  the  transfer  agents  of  the  corporation 
to  make  transfer  of  stocks  or  loans  upon  proper  request  of  the  owners 
thereof,  without  affirmative  proof  by  the  latter  that  such  transfer  is  not  in 
violation  of  a  trust  to  which  the  stock  or  loan  belonged  :  Miller  r.  West- 
moreland Goal  Co.,  40  Pa.  C.  C.  399,  s.  e.  22  D.  R.  90J,. 

A  resident  trustee  for  foreign  executors  who  is  the  holder  of  a  city  loan, 
which  stands  in  his  name  as  such  trustee,  is  entitled  to  transfer  the  same, 
with  the  concurrence  of  the  cestuisque  trustent :  Phelps  ct  al.  v.  Philadelphia 
ei  al.  12  Phila.  300. 

(j)     Townships  to  Receive  Part  of  the  State  Tax  on  Premiums  of 
Foreign  Fire  Insurance  Companies. 

1674.  On  and  after  the  first  day  of  January,  one  thousand  nine 
hundred  and  nineteen,  and  annually  thereafter,  there  shall  be  paid 
by  the  State  Treasurer  to  the  treasurers  of  the  several  cities,  town- 
ships, and  boroughs  within  the  Commonwealth,  the  entire  net  amount 
received  from  the  two  per  centum  tax  paid  upon  premiums  by  foreign 
fire  insurance  companies.  The  amount  to  be  paid  to  each  of  the  trea- 
surers of  the  several  cities,  townships,  and  boroughs  shall  be  based 
upon  the  return  of  said  two  per  centum  tax  upon  premiums  received 
from  foreign  fire  insurance  companies  doing  business  within  the  said 
cities,  townships,  and  boroughs,  as  shown  by  the  Insurance  Commis- 
sioner's report.  Warrants  for  the  above  purposes  shall  be  drawn  by 
the  Auditor  General,  payable  to  the  treasurers  of  the  several  cities, 
townships  and  boroughs,  in  accordance  with  this  act,  whenever  there 
are  sufficient  funds  in  the  State  Treasury  to  pay  the  same. 

Sec.  2,  Act  of  June  28,  1895,  P.  L.  408,  as  amended  by  Sec.  1,  Act  of  July 
15,  1919,  P.  L.  964. 

The  purpose  is  not  expressed  in  the  act,  but  it  is  understood  to  be  to 
provide   a  fund   for  the   relief  of  disabled  firemen.     The   selection   of   those 


271 

persons   who  shall    participate   in   its   distribution    is  exclusively   within   the 
legislative  discretion  of  council.     Com  v.  Smith,  10  North,  340,  s.  c.  2  Leh. 

1  )■'■ 

An  ordinance  of  a  city  appropriating  money  received  from  the  state  under 
this  act  to  a  fireman's  relief  association  docs  not  violate  article  9,  *-e<.-tion 
7  of  the  state  constitution.     Com.  v.  Barker,  211  Pa.  Gin. 

CHAPTER     XXXII. 

COLLECTION  OF  MUNICIPAL  CLAIMS. 

1075.  Hereafter  the  exclusive  methods  for  the  collection  of 
benefits  assessed  against  any  property  in  any  proceedings  by  the 
appointment  of  viewers  for  the  assessment  of  bentits  incident  to  any 
public  improvement  in  any  city,  borough,  or  township,  shall  be 
either  by  an  action  of  assumpsit,  against  the  owner  of  the  property, 
or  by  the  tiling  and  collection  of  a  municipal  lien  in  the  manner 
now  provided  by  law. 

In  all  cases  where  benefits  in  any  such  proceedings  have  been  or 
shall  be  assessed  against  any  property,  it  shall  be  the  duty  of  the 
municipal  authorities,  within  six  months  after  the  absolute  con- 
firmation of  the  report,  of  viewers,  to  forthwith  file  the  necessary 
municipal  lien  or  liens  to  protect  the  interests  of  the  city,  borough, 
or  township,  and  recovery  may  be  had  thereon  in  the  manner  now 
provided  for  the  recovery  of  municipal  liens. 

This  act  shall  apply  to  all  proceedings  now  pending  in  any  city, 
borough,  or  township,  as  well  as  to  all  proceedings  hereafter  insti- 
tuted. 

Sec.  1,  Act  of  April  26,  1921,  P.  L.  315. 

1670.  Hereafter  all  municipalities  of  the  Commonwealth  of  Penn- 
sylvania may  proceed  for  the  recovery  of  any  municipal  claim  or 
claims,  whatsoever,  by  lien  or  by  action  of  assumpsit;  and  authority 
is  hereby  conferred  upon  justices  of  the  peace  to  entertain  such 
actions  of  assumpsit,  to  the  limits  of  their  jurisdiction. 

Sec.  1,  Act  of  April  4.  1907,  P.  L.  40,  as  amended  by  Sec.  1,  Act  of 
March  25.  1909.  P.  L.  78. 

The  municipal  claim  for  which  there  may  be  a  recovery  under  this  section 
by  adieu  of  assumpsit  means  not  only  a  claim  wihch  might  be  ascertainable 
from  the  confirmed  reporl  of  the  viewers,  but  also  must  be  a  claim  filed 
within  the  period  fixed  by  t lie  Act  of  June  4,  1901,  P.  L.  364,  as  amended 
by  Act  of  June  20.  1911,  P.  L.  1076.  Unless  so  filed  such  claim  is  wholly 
lost.  Effect  of  misnomer.  Youngwoo)i  Boroufih  v.  Gay,  7  West.  1,  affirmed 
in  71  Stiver.  Ct.  151 

This  act  is  constitutional.  The  mere  filing  of  a  municipal  claim  tor 
nn  assessment  for  a  street  improvement  will  not  bar  the  municipality  from 
proceeding  by  an  action  of  assumpsit  for  the  collection  of  the  claim:  Phila. 
to  use,  v.  DeArmond,  63  Super.  Ct.  If36. 


272 

For  distinction  between  the  lien  of  a  municipal  claim  upon  property  asses- 
sed and  the  procedure  for  its  recovery,  see  HcKeesport  Borough  v.  Fidler, 
I  'ft  Pa.  532. 

In  an  action  of  assumpsit  under  the  Act  of  April  4,  1907,  P.  L.  40, 
for  municipal  improvements  assessed  under  the  Act  of  May  16,  1891,  P. 
L.  75,  and  its  supplements  an  affidavit  of  defense  is  sufficient  which  sets 
forth  that  no  assessment  had  been  made  against  the  defendant,  as  the  owner 
of  any  property,  and  that  no  notice  had  been  served  upon  him :  Borough 
of  Young icood  v.  Gay,  71  Super.  Ct.  154,  affirming  7  West.  1. 

In  an  action  of  assumpsit  under  this  act,  it  was  imperatively  necessary 
for  a  use  plaintiff,  bringing  suit  in  the  name  of  the  municipality,  under  the 
practice  Act  of  May  25,  1887,  P.  L.  271,  to  annex  to  the  statement  of  claim 
a  copy  of  the  contract  between  the  municipality  and  the  use  plaintiff: 
Philadelphia  to  use  v.  Dellaven,  38  Super.  Ct.  5'/J- 

This  act  has  no  retroactive  effect  and  does  not  apply  to  the  cases  in  which 
a  road  improvement  had  been  completed  and  benefits  assessed  prior  to 
its  enactment.  It  imposes  upon  the  owner  of  property  a  personal  liability 
to  which  he  was  not  subject  before,  and  therefore  affects  rights  and  not 
merely  the  remedy:  Allentown  v.  Roth,  231  Pa.  140,  affirming  J  Leh.  136; 
Barnesboro  v.  Speice,  40  Super.  Ct.  609;  Philadelphia  r.  Dellaven,  41  Super. 
Ct.  265;  Grafton  Borough  v.  Richards,  11  D.  R.  835;  55  P.  L.  J.  279. 
In  Miller's  Estate,  18  D.  R.  225,  this  act  was  held  retroactive. 

1677.  In  addition  to  remedies  provided  by  law,  that  all  cities, 
boroughs,  first  class  townships,  incorporated  towns,  and  any  other 
municipalities  may  proceed  for  the  recovery  and  collection  of  any 
municipal  claim  or  claims  whatsoever  by  action  of  assumpsit  against 
the  owner  or  owners  of  the  property  affected  by  any  municipal  im- 
provement* Provided,  That  the  provisions  of  this  act  shall  extend 
to  all  municipal  claims  wherein  the  claim  has  been  entered  against 
the  property  as  a  lien:  And  provided  further,  That  this  act  shall 
extend  to  all  municipal  improvements  heretofore  made  where  the 
right  of  action  in  assumpsit  has  been  instituted  under  the  provisions 
of  prior  acts  of  Assembly  and  where  the  claim  is  not  barred  by 
the  statute  of  limitations  affecting  actions  of  debt  or  assumpsit: 
Provided,  That  such  action  in  assumpsit  shall  be  commenced  within 
three  years  after  the  conmpletion  of  the  work  for  which  said  claim 
arises. 

Sec.  1,  Act  of  July  8,  1919,  P.  L.  786. 

A  municipal  claim  for  the  cost  of  grading,  paving  and  curbing,  which  was 
not  filed  in  the  court  of  common  pleas,  cannot  be  recovered  in  an  action  of 
assumpsit.  This  act  is  retroactive  in  effect,  and  its  title  is  sufficient :  Scott 
Township  v.  Davis,  68  P.  L.  J.  217.  affirmed  in  77  Super.  Ct.  352. 

1678.  The  word  "taxes"  as  used  in  this  act  means  any  county, 
city,  borough,  township,  school,  bridge,  road  or  poor  taxes. 

The  word  "highway"  as  used  in  this  act,  means  the  whole  or  part 
of  any  public  street,  public  road,  public  lane,  public  alley,  or  other 
public  highway. 


273 

The  words  "tax  claim,"  ;i-  used  in  iliis  act,  mean  t In*  claim  filed  to 
recover  taxes. 

Part   of  Sec.   1.  Act  of  June   I.   L901,   I'.  I>.  364. 

This  entire  a*-!  is  repeal)  (1  so  far  .-is  it  relates  t<>  tax  liens  and  tax  claims 
by  the  An  <>(  May  24,  1921,  1*.  L.  1089. 

L679.  The  words  "municipal  claim,"  as  used  in  this  act,  mean 
ilif  claim  filed  to  recover  for  the  grading,  guttering,  macadamizing, 

or  otherwise  improving,  the  cartways  of  any  public  highway;  for 
grading,  curbing,  necurbing,  paving,  repaving,  constructing,  or 
repairing  the  footways  thereof;  for  laying  waterpipes;  gas-pipes, 
culverts,  sewers,  branch  sewers,  or  sewer  connections  therein;  for 
assessments  for  benefits  in  the  opening,  widening  or  vacation  thereof: 
<>r  in  the  changing  of  water-courses  or  the  construction  of  sewers 
through  private  lands:  or  in  highways  of  townships  of  the  first  class ; 
or  in  acquisition  of  sewers  and  drains  constructed  and  owned  by 
individuals  or  corporations,  and  of  rights  in  and  to  use  the  same; 
for  the  removal  of  nuisances;  or  for  water  rates,  lighting  rates,  or 
sewer  rates. 

Part  of  Sec.  1,  Ac!  of  June  4.  1901,  P.  L.  364,  as  amended  by  Sec.  1, 
Act  of  May  28,  1915,  P.  L.  599.  See  also  section  1684. 

The  words  "otherwise  improving"  includes  paving:  Philadelphia  to  use 
r.  Pemberton,  208  Pa.  21);  Philadelphia  to  use  v.  Pemberton,  25  Super. 
Ct.  323,  reversing  29  Pa.  C.  C.  252,  s.  c.  12  D.  R.  7^3. 

16S0.  The  word  "claimant"'  as  used  in  this  act,  means  the  plaintiff 
or  use  plaintiff,  in  whose  favor  the  claim  is  filed  ;is  a  lien. 

The  word  ''contractor"  as  used  in  this  act,  means  the  person  or 
persons,  who.  under  contrad  with  the  legal  plaintiff,  performed  the 
work  for  which  the  lien  is  given. 

Part  of  Sec.  1.  Act  of  .Tunc  4.  1901,  P.  L.  364,  as  amen. led  by  sec.  1, 
Aci  of  Maj  28,  1915,  P.  I..  599. 

A  municipal  lien  filed  to  use  will  not  be  stricken  off  becasuse  it  is  signed 
by  attorney  designating  himself  as  solicitor  for  claimant  as  word  claimant 
means  plaintiff  or  use-plaintiff:  Prospect  Park  Boro.  v.  Duhring,  1 )  Del.  S15. 

1681.  The  word  "owner,"  as  used  in  this  act,  means  the  person  or 
persons  in  whose  name  the  property  is  registered,  if  registered  accord 
ing  to  law;  and  in  all  other  cases  means  any  person  or  persons  in 
op<  n,  peaeeaVe,  and  notorious  possession  of  the  property  as  apparent 
owner  or  owners  thereof,  if  any,  or  the  reputed  owner  or  owners 
thereof,  in  the  neighborhood  of  such  property. 

Pan  of  Sec.  1.  Act  of  June  1.  1901,  P.  L.  364,  as  amended  by  Sec.  1,  Act  of 
May  28.  1915.  P.  L.  599. 

See  section  1690  and  1692. 

One  wh©  holds  the  legal  title  but  enters  into  an  executory  agreement  to  sell 
is    the    "owner"'   of   the    property    sufficient    to   support    an    assessment   for   a 

18 


274 

municipal  claim:     Youngwood  Borough  v.  Gay,  7  West.  I. 
A  life  tenant  is  an  "owner"  and  his  estate  is  properly  chargeable  for  the  con- 
struction  of  a   side-walk  in  front  of   the   property :     York   City  v.    Beitzel, 
Jfl  Super.  Ct.  19$,  reversing  21  York  100,  2  Lehigh.  315. 

1682.  The  word  "property"  as  used  in  this  act,  means  the  real 
estate  subject  to  the  lien,  and  against  which  the  claim  is  filed  as  a 
lien. 

Part  of  Sec.  1,  Act  of  June  4,  1901,  P.  L.  364. 

The  roadbed  of  a  public  road  is  nol  "real  estate"  within  the  meaning 
of  this  section:  Philadelphia  v.  Phila.  and  Reading  R.  R.  Co.,  38  Super. 
Ct.  529*531;  Philadelphia  to  use  v.  Fairhill  R.  R.  Co.,  Nos.  1  and  2,  Jtl 
Super.  Ct.  21i5-21,Q. 

1683.  All  municipal  claims  which  may  hereafter  be  lawfully 
imposed  or  assessed  on  any  property  in  this  Commonwealth,  in  the 
manner  and  to  the  extent  hereinafter  set  forth,  shall  be  and  they 
are  hereby  declared  to  be  a  lien  on  said  property,  together  with  all 
charges,  expenses  and  fees  added  thereto  for  failure  to  pay  promptly, 
and  said  liens  shall  have  priority  to  and  be  fully  paid  and  satisfied 
out  of  the  proceeds  of  any  judicial  sale  of  said  property,  before  any 
other  obligation,  judgment,  claim,  lien  or  estate  with  which  the  said 
property  may  become  charged,  or  for  which  it  may  become  liable 
save  and  except  only  the  costs  of  the  sale  and  of  the  writ  upon  which 
it  is  made,  and  the  taxes  imposed  or  assessed  upon  said  property. 

Sec.   3,   Act   of   June  4,   1901,    P.   L.   364. 

Municipal  liens,  entered  since  June  4,  1901,  have  no  priority  over  mortgages 
created  prior  to  the  passage  of  the  Act  of  June  4,  1901,  P.  L.  .'504 : 
Martin  v.  Greenwood,  27  Super.  Ct.  2^5. 

A  municipal  lien  for  lighting  rates,  water  rents,  taxes,  and  the  like, 
attaches  at  the  time  when  the  rates  are  lawfully  assessed  or  imposed, 
and  if  the  formal  declaration  of  the  claim  in  detail  is  tiled  within  the 
statutory  period,  the  lien  will  be  preserved  and  relate  back  to  the  time 
when  the  rate  or  tax  was  lawfully  imposed.  The  provision  authorizing  a 
lien  for  the  municipal  lighting  rates  is  constitutional  and  does  not  offend 
against  Sec.  7,  Art.  Ill,  which  prohibits  the  enactment  of  any  local  or 
special  law  authorizing  the  creation  of  liens:  Franklin  Guards  Association 
v.  Boyer,  70  Super.  Ct.  263. 

In  a  sheriff's  sale  on  a  first  mortgage  a  municipal  lien  filed  after  the  Act 
of  June  4,  1901,  P.  L.  364,  is  not  preferred  to  a  mortgage,  judgment  or 
municipal  lien  accrued  and  filed  previous  to  that  act :  Oil  City  Building 
and  Loan  Association  v.  Shanfelter,  29  Super.  Ct.  251;  Gibbons  v.  Cochran, 
32  Super.  Ct.  185.  Tax  liens  Contra.  See  Haspel  v.  O'Brien,  218  Pa.  146, 
reversing  32  Super.   Ct.    Up,   and   Gibbons,   r.   Cochran,   32   Super.   Ct.    t85. 

1684.  The  lien  for  taxes  shall  exist  in  favor  of  and  the  claim 
therefor  may  be  filed  against  the  property  taxed  by,  any  county,  city, 
borough,  township,  school  district,  road  district,  or  poor  district  to 
which  the  tax  is  payable.  The  lien  for  the  removal  of  nuisances 
shall  exist  in  favor  of,  and  the  claim  therefor  may  be  filed  again  -t 
the  property  from  which  it  is  removed  or  by  which  it  is  caused,  by 


275 

any  city,  borough,  or  township,  by  or  for  which  the  nuisance  is  re- 
moved. The  lien  for  grading,  guttering,  paving,  macadamizing,  or 
otherwise  improving  the  cartways  of  any  highways  ;  for  grading,  curb- 
ing, recurbing,  paving,  repaying,  constructing,  or  repairing  the  foot- 
ways thereof;  or  for  laying  water  pipes,  gas  pipes,  culverts,  sewers, 
branch  sewers,  or  sewer  connections  in  any  highway;  for  assessments 
for  benefits  in  the  opening,  widening  or  vacation  thereof;  or  in  the 
changing  of  water  courses  or  construction  of  sewers  through  private 
lands;  or  in  highways  or  townships  of  the  first  class;  or  in  the 
acquisition  of  sewers  and  drains  constructed  and  owned  by  indivi- 
duals or  corporations,  and  of  rights  in  and  to  use  the  same;  or  for 
water  rates,  lighting  rates,  or  sewer  rates,  or  rates  for  any  other 
service  furnished  by  a  municipality, — shall  exist  in  favor  of,  and  the 
claims  therefor  may  be  filed  against  the  property  thereby  benefited 
by,  the  city,  borough,  or  township  extending  the  benefit.  Where  the 
contractor  performing  the  work  is  to  be  paid  by  assessment  bills,  the 
lien  shall  exist  for,  and  the  claim  shall  be  filed  to,  his  use,  and  he 
shall  under  no  circumstances  have  recourse  to  the  city,  borough,  or 
township  authorizing  the  work. 

Sec.  4,  Act  of  June  4,  1901.  P.  L.  3G4,  as  amended  by  Sec.  2,  Act  of  May 
28,  1915,  P.  L.  599. 

A  municipality  can  impose  a  valid  municipal  lien  for  street  improvements- 
only  when  tho  improvements  are  made  in  pursuance  of  law  and  the  mode 
pointed  out  by  the  city  ordinance  is  strictly  followed :  Scranton  Seicer, 
213  Pa.  4. 

The  Act  of  June  4.  1901,  364,  as  amended,  does  not  take  away  from  a 
municipality  any  remedy  which  it  before  that  time  had'  for  collection  of  taxes 
or  claims  in  a  manner  other  than  by  filing  a  lien.  The  owner  or  occupier 
of  real  estate  could  be  proceeded  against  personally  where  he  was  under 
previous  legislation  personally  liable.  And  a  municipality  can  enforce  a 
regulation  stopping  the  supply  of  water  unless  all  arrearages  are  paid, 
whether  owing  by  the  tenant  in  possession  who  acquired  hia  title  at  a 
sheriff's  sale  or  by  his  predecessors :     Kohler  v.  Reitz,  Jf6  Super,  Ct.  350. 

The  road  bed  or  right  of  way  of  a  street  railway  company,  covered  with 
tracks,  is  not  subject  to  a  lien  sinoc  a  pavement  confers  no  benefit  on  the 
property  known  as  the  right  of  way.  but  ground  not  occupied  or  used  for 
its  road  bod  is  subject  to  a  *ruinicipal  lien  for  street  improvements :  Borough 
of  Dormont  r.  Mount  Washington  Street  Railways  Company.  No.  1,  63 
P.  L.  J.  556. 

A  municipality  may  file  a  lien  for  abating  a  nuisance  on  an  unadopted 
street,  and  where  other  items  are  improperly  included,  each  for  a  specific 
amount,  for  which  the  municipality  had  no  right  to  file  a  lien,  the  court 
may  strike  off  the  improper  items  without  affecting  the  validity  of  the  lien 
for  the  cost  of  abating  the  nuisance:  Philadelphia  v.  Hyde,  lf8  Super.  Ct. 
269. 

A  municipal  lien  may  be  filed  for  paving  a  cartway.  Such  lien  is  not 
invalid   because   the   paving   contract   required    the   contractor   to   keep   the 


276 

pavement  in  repair  for  five  years  when'  it  appears  that  the  pavement  laid 
in  accordance  with  the  specifications  will  last  five  years  without  repairs  and 
the  contract  price  did  not  include  any  charges  for  repairs  or  maintenance  or 
guarantee:  Philadelphia  to  use  r.  Pemberton,  208  Pa.  21Jf;  Philadelphia 
to  use  v.  Pemberton,  25  Super.  Ct.  323,  reversing  29  Pa.  C.  C.  252,  s.  c. 
12  D.  R.  7!,3. 

In  a  lion  filed  to  use,  the  use  plaintiff  is  entitled  to  recover  all  that  the 
municipality  could  have  recovered  including  the  penalty  :  Borough  of  Lans- 
doione  v.  Phipps,  12  Del.  Co.  235. 

Where  improvement  bonds  were  issued  to  a  contractor  and  accepted  by 
him  for  paving  a  street,  and  the  bonds  provide  that  they  shall  rest  upon 
and  be  payable  out  of  assessments  and  from  no  other'  fund  and  a  lion 
is  filed  by  the  municipality,  it  was  not  necessary  to  file  the  claim  to  the  use 
of  the  contractor  as  the  contractor  was  paid  by  the  bonds  and  not  by  the 
assessment  bills:  York  City  v.  Eyster,  68  Super.  Ct.  VI '/,  affirming  29 
York  193;  York  City  v.  Holtzapple,  67  Super.  Ct.  596,  affirming  7  Leh. 
193,  SO  York  173. 

When  a  municipality  adopted  one  system  of  payment  in  paving  certain 
streets  it  was  not  prohibited  from  adopting  another  system  for  different 
streets.  A  municipality  may  properly  discriminate  between  different  locali- 
ties and  different  streets  without  abuse  of  discretion  :  York  City  v.  Eyster, 
68  Super.   Ct.  10 Jh  Affirming   29   York  193,  30   York  29. 

Where  the  charter  of  a  cemetery  company  exempts  the  land  of  the  company 
and  the  burial  lots  therein  "from  execution,  attachment,  taxation  or  any 
other  claim,  lien  or  process,"  a  municipal  lien  for  a  sewer  improvement 
cannot  be  filed  against  the  land  of  the  company  or  the  burial  lots.  This 
section  does  not  repeal  those  charter  immunities:  Union  Bale  Cemetery 
Company's  Case,  227  Pa.  1. 

A  playground  connected  with  a  parochial  school  which  dispenses  education 
to  the  public  freely  and  without  discrimination,  is  an  institution  of  purely 
public  charity  and  is  not  subject  to  tax  or  municipal  claims :  Chester  City 
r.  Prendergast,  31  York.  5.  s.  o.  U,  Del.  226. 

An  unused  portion  of  a  church  lot  is  not  exempt  from  a  municipal  claim 
for  paving :  Parnassus  Borough  v.  Parnassus  United  Presbyterian  Church, 
i,3  Pa.  C.  C.  Uf2,  s.  c.  4  West  155. 

A  cemetery  is  not  within  the  provisions  of  this  section  when  the  cemetery 
is  owned  by  an  incorporated  church  congregation,  which  sells  lots  to  its 
members  and  non-members  and  places  the  proceeds  in  its  own  treasury 
and  uses  them  for  church  purposes :  and  this  is  the  case  although  it  appears 
that  the  church  was  still  indebted  for  a  considerable  portion  of  the  purchase 
money  of  the  land  and  for  the  cost  of  improving  it  for  burial  purposes  and 
there  was  evidence  of  an  intention  to  purchase  the  land  not  as  an  invest- 
ment, but  only  and  solely  as  a  place  of  burial :  Mount  Oliver  Borough  v. 
First  German  Evangelical  Lutheran  St.  Paul's  Congregation  of  East  Birm- 
ingham, 51  Super.  Ct.  31,3. 

A  cemetery  that  had  not  fenced  in  or  dedicated  to  burial  purposes  a  portion 
of  its  land  abutting  on  a  street  which  was  being  paved,  and  had  sold  lots 
only  to  members  of  the  church  with  which  it  was  connected,  its  funds  being 
mingled  with  those  of  the  church  and  expended  for  general  church  purposes, 
is  not  within  the  exemption  provided  in  this  section :  Eighteenth  Street, 
Jf2  Pa.  C.  C.  253,  s.  c.  62  I'.  L.  •/.  265,  6  M.   L.  R.   50. 

A  church  corporation  having  signed  a  petition  to  councils  for  a  street 
improvement,  thereby  indicating  its  intention  to  pay  its  proportionate  share  of 


277 

the  <'«st  thereof  will  1"'  estopped  from  setting  up  exception  from  assess- 
ment under  this  section :  Ligonier  Borough  v.  Presbyterian  Church,  22  D. 
/.'.  868,  a.  c.  8  West.  238,  ',  M.  L.  R.  220;  Broad  Street,  Setoiokley  M. 
!■:.  Church's  Appeal,  165  Pa.   ',75. 

L685.  All  rea)  estate,  by  whomsoever  owned  and  for  whatsoever 
purpose  used,  shall  be  subjeel  to  all  taxes  and  municipal  claims  here- 
in provided  for;  excepl  that  all  property  owned  by  the  State,  county, 
city  or  other  municipal  divisions,  and  actual  places  of  religious  wor- 
ship, places  of  burial  not  used  or  held  for  private  or  corporate  profit, 
and  institutions  of  purely  public  charity,  shall  not,  he  subject  to  tax 
or  municipal  claims  except  lor  removal  of  nuisances,  for  sewer 
claims  and  sewer  connections,  or  lor  the  recurbing,  paving,  repaving, 
or  repairing  the  footways  in  front  thereof.  All  other  real  estate,  by 
whomsoever  owned  and  for  whatsoever  purpose  used,  shall  lie  sub- 
ject to  all  tax  claims  and  municipal  claims  herein  provided  for: 
Provided,  however.  That  nothing  in  this  act  contained  shall  hinder 
or  prevent  any  city,  borough,  or  township  of  the  first  (lass  from  pro 
viding  that  any  municipal  work  may  be  done  at  the  expense  of  the 
public  generally,  and  he  paid  out  of  the  general  city,  borough  or 
township  funds. 

Sec.  5,  Act  of  June  4.  1901.  P.  L.  364,  as  amended  by  Sec.  3,  Act  of  May 
L'S.  1915,  P.  L.  599. 

This  section  dues  not  violate  Art.  .">.  Sec.  3,  of  the  Constitution  as  con- 
taining subject  matter  not  sufficiently  expressed  in  the  title  of  the  act: 
Garrick  v.  Canavin,  l'v\  I'n.  28$;  nor  dues  it  violate  Art.  •*'..  Sec.  7  or  Art. 
it.  Sees.  1  and  2  of  the  Constitution:  Pittsburgh  v.  Calvary  Cemetery  Asso- 
ciation, Jj'i  Super.  Ct.  289. 

To  collect  the  cost  of  public  improvement  from  abutting  property  owners 
it  is  a  basic  and  fundamental  prerequisite  that  the  municipality  should 
signify  its  intention  to  make  such  assessment  ;  ordinances  for  the  assessment 
of  the  cost  of  lateral  sewers  in  a  given  district,  and  for  the  main  and  trunk 
sewers  leading  to  the  main  outfall  sewer,  which  have  no  reference  to  the 
latter  improvement,  are  not  authority  for  assessments  on  properties  abutting 
on  the  outfall  sewer.  The  basic  and  fundamental  legislation  necessary  for 
such  assessment  being  lacking,  it  cannot  be  sustained :  Carlisle  r.  Welsh 
et   "i.  74   Super.   Ct.  255. 

Tin'  road  bed  of  a  public  railroad  is  not  "real  estate"  within  the  meaning 
of  this  section  and  is  not  subject  to  assessment  for  local  taxation  or  munici- 
pal claims:  Philadelphia  r.  Phila.  and  Reading  R.  R.  Co.,  38  Super.  Ct. 
529-531;  Philadelphia  to  use.  v.  Fairhiil  /.'.  /,'.  Co.,  Nos.  I  and  >.  ',l  Super. 
Ct.  245-2/,6. 

168(5.  Xo  claim  shall  he  filed  for  curbing,  recurbing,  paving,  re- 
paving  or  repairing  the  loot  way  of  any  highway,  unless  the  owner 
shall  have  neglected  to  do  said  work  for  such  length  of  time  as  may 
be  prescribed  by  ordinance,  after  uotice  so  to  do.  served  upon  him  or 
his  agent  or  the  person  in  possession  of  the  property,  except  when  in 
the  case  of  curbing,  or  recurbing  or  repaving  the  footway,  it  shall 


278 

form  part  of  an  improvement  resulting  also  in  the  paving,  macadamiz- 
ing or  otherwise  improving  the  cartway  of  said  highway ;  and  if  there 
be  no  agent  or  party  in  possession  it  may  be  posted  on  the  most  public 
part  of  the  property. 

Sec.  8,  Act  of  June  4,  1901,  P.  L.  364. 

See  section  1690  and  1714,  with  notes. 

Notice  to  owner  is  not  required  before  paving  street :  Allentown  to  use  of 
Barber  Asphalt  Paving  Co.  v.  Light,  15  D.  R.  619. 

A  borough  has  a  right  to  place  the  curb  when  the  cartway  of  a  street  is 
paved,  and  at  the  same  time  charge  the  owner  for  cost  of  the  curb  although  at 
the  time  there  is  no  sidewalk  or  paved  footway.  It  is  not  necessary  that  the 
space  allotted  for  a  sidewalk  be  covered  by  paving.  It  is  a  side  walk  even  if 
not  paved  :     Punxsutaicney  v.  Cormalt,  44  Super.  Ct.  365. 

A  notice  to  curb  and  pave  a  borough  sidewalk,  served  before  the  sidewalk  is 
brought  frcm  the  natural  to  the  established  grade,  is  not  sufficient  to  sustain 
a  lien  for  curbing  and  paving  after  the  borough  does  the  grading.  To  charge 
the  property  owner  it  is  necessary  to  serve  a  notice  after  the  borough  brings 
the  sidewalk  to  grade:  Lansdoume  Borough  v.  Burdsall,  26  D.  R.  938,  s.  c 
31  York,  84,  14  Del.  325;  Chester  City  v.  Lane,  Nos.  1,  2,  3,  4,  24  Super.  Ct. 
359-367-368-369 ;  Shady  Avenue,  34  Super.  Ct.  321. 

A  city  cannot  recover  from  a  property  owner  the  cost  of  laying  a  sidewalk 
in  front  of  his  premises,  where  it  appears  that  the  notice  to  the  owner  to  lay 
the  sidewalk  was  posted  on  the  premises,  which  were  at  the  time  in  possession 
of  tenants.  Such  a  notice  is  sufficient  only  when  there  is  no  party  in  posses- 
sion :     City  of  Seranton  v    Carter  Estate,  21  Lack.  J.  68. 

A  notice  from  a  borough  to  build  a  sidewalk  in  front  of  a  vacant  lot,  served 
off  the  premises  upon  the  wife  of  the  occupant  who  lived  on  an  adjoining 
property,  but  was  not  the  owner's  agent,  will  not  support  a  municipal  claim 
against  the  lot  for  a  walk  subsequently  built  by  the  borough,  when  the  owner. 
a  non-resident,  had  no  knowledge  of  the  borough's  action  in  the  matter,  and 
there  was  no  written  or  printed  notice  thereof  posted  on  the  premises : 
Laporte  Borough  r.  Walsh,  28  D.  R.  650. 

In  a  scire  facias  sur  municipal  lien  to  recover  the  cost  of  curbing  and  gut- 
tering for  a  sidewalk  the  defence  that  the  borough  has  not  brought  the  side- 
walk to  grade  will  not  avail  the  defendant,  unless  it  is  shown  that  a  material 
grading  or  filling  and  such  as  would  make  a  difference  in  the  expense  to  com- 
plete the  work,  was  required  :  Morton  Borough  v.  Smith,  23  D.  R.  1071,  s.  c. 
1 1  Del.  523,  5  M.  L.  R.  282. 

1687.  Where  claims  are  to  be  filed  to  use,  the  claimant,  at  leasl 
one  month  before  the  claim  is  tiled,  shall  serve  a  written  notice  of  his 
intention  to  file  it  unless  the  amount  due  is  paid.  Service  of  such 
notice  may  be  made  personally  on  the  owner  wherever  found ;  but  if 
he  cannot  be  served  in  the  county  where  the  property  is  situated, 
such  notice  may  be  served  on  his  agent  or  the  party  in  possession  of 
the  property;  and  it'  there  he  no  agent  or  party  in  possession  of  the 
property,  it  may  be  posted  on  the  most  public  part  of  the  property. 

Sec.  9,  Act  of  June  4,  1901,  P.  L.  364. 

Notice  of  intention  to  file  lien  by  use  claimant  for  construction  of  borougli 
sewn-  may  be  given  before  assessment  of  cost  is  made  -.Prospect  Park  Boro.  v. 
Duhring,   1 ',  Del.  3/5. 


279 

It  is  not  necessary  under  clause  7,  Sec.  1690,  in  filing  a  municipal  claim  to 
set  forth  in  the  lien  the  notice  provided  for  in  this  section:  AUentown  to 
use  of  Barber  Asphalt  Paving  Co.  v.  Light,  15  D.  R.  619;  City  of  York  v. 
Miller,   !■'>',  Pa.    \8(L 

Unless  the  notice  required  by  this  section  is  given  owner,  where  a  claim  is 
filed  to  use  no  recovery  can  be  had:  City  of  York  v.  Miller,  254  ■*'<*•  436,  af- 
firming 60  Super.  Ct.  401,  reversing  28  York  17. 

The  giving  of  notice  by  the  use  plaintiff  to  the  owner  of  the  property  al- 
though not  required  to  be  set  forth  in  the  lien,  is  an  essentia]  prerequisite  to 
the  filing  of  the  lien.  Defendant  is  permitted  to  shi  \v  Hint  he  had  not  been 
served  with  notice  by  the  use  plaintiff  even  though  such  lack  of  notice  is  not 
raised  in  the  affidavit  of  defense.  As  to  matters  not  alleged  in  the  lien  the 
defendant  is  not  limited  to  the  defense  set  forth  in  his  affidavit :  City  of 
York  v.  Miller,  251/  Pa.  £86,  affirming  60  Super.  Ct.  401,  reversing  28  York  17. 

Where,  under  the  terms  of  a  contract  and  ordinance,  the  conractor  was  not 
a  party  to  the  lien,  he  could  not  be  expected  to  give  any  notice  of  the  intention 
to  file  the  same:  City  of  York  r.  Eyster,  No.  2,  30  York  29,  affirmed  in  68 
Super.  Ct.  10/f. 

Notice  by  a  contractor  of  intention  to  file  a  lien  is  good,  even  though  filed 
less  than  ten  days  after  approval  of  ordinance  assessing  the  cost  where  it  is 
more  than  one  month  before  the  claim  was  filed  :  Prospect  Park  Borough  v. 
Wyndham,  8  M.  L.  R   55,  s.  c.  14  Del.  111. 

1688.  Claims  for  taxes,  water  rents,  lighting-rates,  and  sewer  rates 
must  be  filed  in  the  court  of  common  pleas  of  the  county  in  which  the 
property  is  situated,  on  or  before  the  last  day  of  the  third  calendar 
year  after  that  in  which  the  taxes  or  rates  are  first  payable;  and 
other  municipal  claims  must  be  filed  in  said  court  within  six  months 
from  the  time  the  work  was  done  in  front  of  the  particular  property, 
where  the  charge  against  the  property  is  assessed  or  made  at  the 
time  the  work  is  authorized ;  within  six  months  after  the  completion 
of  the  improvement,  where  the  assessment  is  made  by  the  municipal- 
ity upon  all  the  properties  after  the  completion  of  the  improvement ; 
and  within  six  months,  after  confirmation  by  the  court,  where  con- 
firmation is  required  :  the  certificate  of  the  surveyor,  engineer,  or  other 
officer  supervising  the  improvement,  filed  in  the  proper  office,  being 
conclusive  of  the  time  of  completion  thereof,  but  he  being  personally 
liable  to  any  one  injured  by  any  false  statement  therein.  A  number 
of  years  taxes  or  rates  of  different  kinds,  if  payable  to  the  same 
plaintiff,  may  be  included  in  one  claim. 

Municipal  claims  shall  likewise  be  filed  within  said  period,  where 
an  appeal  is  taken  from  the  assessment  for  the  recovery  of  which 
such  municipal  claim  is  filed.  Tn  such  case  the  lien  filed  shall  be  in 
the  form  hereinafter  provided,  except  that  it  shall  set  forth  the 
amount  of  the  claim  as  an  undetermined  amount,  the  amount  thereof 
to  be  determined  by  the  appeal  taken  from  the  assessment  upon  which 
such  municipal  claim  is  based,  pending  in  a  certain  court  (referring 
to  the  court  and  the  proceeding  where  such  appeal  is  pending).    Fp<m 


280 

the  filing  of  such  municipal  claim,  the  claim  shall  be  indexed  by  the 
prothonotary  upon  the  judgment  index  and  upon  the  locality  index 
of  the  court,  and  the  amount  of  the  claim  set  forth  therein  as  an  un- 
determined amount. 

Tf  final  judgment  is  not  obtained  upon  such  appeal  within  five  years 
from  the  filing  of  such  municipal  claim,  the  claimant  in  the  lien 
shall,  within  such  period  of  five  years  file  a  suggestion  of  non-paymenl 
in  the  form  hereinafter  set  forth,  which  shall  have  the  effect  of  con- 
tinuing the  lien  thereof  for  a  further  period  of  five  years  from  the 
date  of  filing  such  suggestion.  Such  municipal  claim  sliall  be  re- 
vived in  a  similar  manner,  during  each  recurring  period  of  five  years 
thereafter,  until  final  judgment  is  entered  upon  said  appeal  and  the 
undetermined  amount  of  such  municipal  claim  is  fixed  in  the  manner 
hereinafter  provided. 

When  the  final  judgment  is  obtained  upon  such  appeal,  the  court 
in  which  said  municipal  claim  is  pending  shall,  upon  the  petition  of 
any  interested  party,  make  an  order  fixing  the  undertermined  amount 
claimed  in  such  claim  at  the  amount  determined  by  the  final  judg- 
ment upon  said  appeal,  which  sliall  bear  interest  from  the  date  of  the 
verdict  upon  which  final  judgment  was  entered,  and  thereafter  the 
amount  of  said  claim  shall  be  the  sum  thus  fixed.  Proceedings  upon 
said  municipal  claim  thereafter  shall  be  as  in  other  cases. 

Where,  on  final  judgment  upon  said  appeal,  it  appears  that  no 
amount  is  due  upon  the  assessment  for  the  recovery  of  which  such 
claim  is  filed,  the  court  in  which  such  municipal  claim  is  pending 
shall,  upon  the  petition  of  any  interested  party,  make  an  order  strik- 
ing such  municipal  claim  from  the  record,  and  charge  the  costs  upon 
such  claim  to  the  plaintiff  in  the  claim  filed. 

Where  such  appeal  is  discontinued  the  court  in  which  such  muni- 
cipal claim  is  pending  shall,  upon  the  petition  of  any  interested  party, 
make  an  order  fixing  the  undetermined  amount  claimed  at  1he  amount 
of  the  original  assessment,  which  shall  boar  interest  from  the  date 
that  such  assessment  was  originally  payable,  and  thereafter  the 
amount  of  such  claim  shall  be  the  sum  thus  fixed. 

Such  tax,  municipal,  or  other  claim,  if  filed  within  the  period  a 
foresaid.  shall  remain  a  lien  upon  said  properties  until  fully  paid  and 
satisfied:  Provided,  however,  that  either  a  suggestion  of  non-pay- 
ment and  an  averment  of  default  in  the  form  hereinafter  provided, 
be  filed  in  cases  of  tax  claims  either  before  or  after  judgment  on  the 
scire  facias,  and  in  cases  of  other  than  tax  claims  after  judgment  on 
the  scire  facias,  or  else  a  writ  of  scire  facias,  in  the  form  herein  pro 
vided,  be  issued  to  revive  the  same  within  each  period  of  five  years 
following — (a)  the  date  on  which  said  claim  was  filed,  (b)  the  date 
op  which  a  writ  of  scire  facias  was  issued  thereon,   (c)   the  date  on 


281 

which  any  judgment  was  entered  thereon,  (dj  the  date  on  which  a 
previous  suggestion  of  non-payment  and  default  was  filed  thereon, 
or  (e)  the  date  on  which  a  judgment  of  revival  was  obtained  thereon. 

The  suggestion  and  aveimeut  shall  be  in  the  following  form  under 
the  caption  of  the  claim: — 

And  now the  claimant,  by 

his  solicitor,  suggests  of  record  that  the  above  claim  is  still  due  and 
owing  to  the  claimant,  and  avers  that  the  owner  is  still  in  default 
for  non-payment  thereof.  The  prothonotary  is  hereby  directed  to  enter 
this  suggestion  and  averment  on  the  municipal  lien  or  the  proper 
docket  of  the  claim,  and  also  to  index  it  upon  the  judgment  index 
and  on  the  locality  index  of  the  court,  for  the  purpose  of  continuing 
the  lien  of  the  claim. 

Such  suggestion  and  averment  must  he  signed  by  the  solicitor 
or  chief  executive  officer  of  the  claimant.  The  prothonotary  shall 
docket  and  index  the  suggestion  and  averment  as  directed  therein; 
and  for  such  services  shall  he  entitled  to  a  fee  of  one  dollar,  to  be 
taxed  and  collected  as  other  costs  in  the  claim.  The  filing  and  in- 
dexing of  such  suggestion  and  averment  within  five  years  of  filing  the 
claim  or  the  issuing  of  any  writ  of  scire  facias  thereon,  or  of  any 
judgment  thereon,  or  on  the  filing  of  any  prior  suggestion  and  aver- 
ment of  default,  shall  have  the  same  force  and  effect,  for  the  purposes 
of  continuing  and  preserving  the  lien  of  the  claim,  as  though  a  writ 
of  scire  facias  had  been  issued  or  a  judgment  or  judgment  of  re- 
vival and  been  obtained  within  such  period;  Provided,  That  no  writ 
Of  levari  facias  shall  be  issued  upon  a  claim,  for  the  purpose  of  ex- 
iMisino-  the  property  liened  to  sheriff's  sale,  except  after  a  judgment 
shall  have  been  duly  obtained  upon  the  claim,  as  provided  in  this 
section,  and  such  judgment  must  have  been  obtained  within  five  years 
of  the  issuance  of  the  levari  facias.  Whenever  the  lien  of  a  claim  has 
been  revived  nnd  continued  by  the  filing  and  indexing  of  a  suggestion 
end  averment  of  default,  the  claimant  may.  at  any  time  within  five 
years  therefrom,  issue  a  writ  of  scire  facias  thereon  reciting  all  sug- 
gestions and  averment  of  default  filed  since  the  filing  of  the  claim, 
and  shall  proceed  thereon,  in  the  manner  herein  provided,  subject  to 
the  right  of  the  owner  to  raise  any  defense  arising  since  the  last  judg- 
ment. 

Tf  :i  claim  be  nol  filed  within  the  time  aforesaid,  or  if  it  be  not 
prosecuted  in  the  manner  and  at  the  time  aforesaid,  it  sluill  he  wholly 
lost. 

Sec.  10,  Act  of  Juno  4.  1901.  P.  L.  3U4.  as  amended  by  Sec.  1.  Act  of 
June  20.  1911.  P.  L.  1076. 

The  law  contemplates  three  different  kinds  of  claim:  First  where  the  act 
of  the  municipality  has  reference  to  work  in  front  of  the  particular  property. 

and    charges    and    assesses    the    cost,    when    the    work    is    authorized,    but    the 
claim    is    not    complete,    nor   does    the    lien    ittaoh    until    the    work    is    done. 


282 

In  such  cist'  the  law  requires  the  lien  to  aver  the  date  when  the  work  was 
completed*  and  the  lien  must  be  tiled  within  six  months  from  that  time. 
Second,  where  the  act  of  the  municipality  has  reference  to  the  general 
improvement  of  the  street,  and  the  proper  proportionate  part  of  the  cost  is 
not  assessed  against  each  particular  property  until  the  entire  work  is  com- 
pleted. In  such  case  the  law  requires  the  lien  to  aver  the  date  of  completion 
of  the  entire  improvement,  and  the  lien  must  be  filed  six  months  from  that  time. 
Third,  where  a  confirmation  by  the  court  is  necessary,  the  law  requires  the 
lien  to  aver  the  date  of  confirmation  by  the  court,  and  the  lien  must  be  filed 
within  six  months  from  that  time. 

Clause  5,  Sec.  1690,  relates  to  the  same  three  classes  of  cases:  Lansdowne 
Borough,  to  use,  v.  II  artel,  48  tin  pa:  Ct.  JfSO,  affirming  11  Del.  356,  458. 

A  borough  cannot  join  in  one  municipal  lien  assessments  for  different  im- 
provements assessed  by  different  officials.  A  municipal  claim  which  is  silent 
as  to  the  date  of  the  completion  of  the  work  is  fatally  defective:  Avalon 
Borough  v.  Ardery,  29  D.  R.  178,  s.  c.  67,  P.L.J .  307. 

Under  Sec.  3,  Act  of  April  23,  1889,  P.  L.  44,  where  the  paving  of  two 
squares  was  done  in  two  installments,  a  lien  filed  more  than  two  years  after 
the  completion  of  the  work  on  the  first  square,  but  within  six  months  after 
the  completion  of  the  work  on  the  second  square,  is  valid :  Tarentum 
Borough  v.  Moorhead,  26  Super.  Ct.  273. 

Where  a  number  of  blocks  on  a  street  were  paved  the  ordinance  providing 
"the  intent  being  that  the  completion  of  the  pavement  on  each  square  shall  b3 
the  completion  of  the  improvement  as  authorized  by  ordinance,"  the  contractor 
has  a  right  to  file  a  lien  for  the  paving  of  the  first  block  as  soon  as  the  block  is 
finished :     Philadelphia  to  use,  v.  Street,  41  Super.  Ct.  503. 

Where  the  lien  avers  that  a  curbstone  and  block  were  set  in  front  of  a 
particular  property  on  specified  dates,  it  is  a  sufficient  averment  that  the  work 
was  done  and  completed  on  the  dates  specified,  although  the  word  "completion" 
is  not  used  in  the  claim.  If  the  claim  is  filed  within  six  months  from  the 
dates  specified  it  will  be  good :  Landsdowne  Borough  to  use  v.  Hartel,  48 
Super.  Ct.  430,  affirming  11  Del.  856,  458. 

The  Act  of  June  4,  1901,  P.  L.  364,  refers  to  municipal  improvements 
wherein  the  municipality  and  the  property  owner  alone  are  concerned.  Sec- 
tion 10,  as  amended  above,  refers  to  the  officers  of  the  municipality  which 
undertakes  to  make  a  municipal  improvement  when  it  speaks  of  "the  certificate 
of  the  surveyor,  engineer,  or  other  officer  supervising  the  improvement." 
A  ledger  entry  of  the  State  Highway  Department  is,  therefore,  not  the  equiv- 
alent of  the  certificate  of  a  municipal  officer  and  will  not  prevent  the  abutting 
owner  from  showing,  in  the  absence  of  such  certificate,  that  the  lien  was  filed 
more  than  six  months  after  the  completion  of  the  improvement:  Punxsu- 
tawney  Borough  v.  Nordstrom,  61  Super.  Ct.  258;  Borough  of  Punxsu- 
taicney  v.  Perry  Wingcrt,  63  P.  L.  J.  155. 

Since  the  certificate  of  the  proper  officer  as  to  the  time  of  the  completion 
of  an  improvement  is  conclusive,  this  question  cannot  be  successfully  raised  in 
an  affidavit  of  defense,  where  the  date  of  the  completion  stated  in  the  certificate 
showed  that  the  lien  was  filed  within  the  six  months :  Philadelphia  to  use  v. 
Street,  41  Super.  Ct.  503. 

Claims  for  taxes  are  wholly  lost  unless  filed  in  the  court  of  common  pleas 
on  or  before  the  last  day  of  the  third  calendar  year  after  that  in  which  they 
were  first  respectively  payable:  Armstrong,  for  use  v.  Wolcott,  26  D.  R. 
899,  s.  c.  65  P.  L  J.  389 ;  First  National  Bank  of  Bridgeville  v.  Pittsburgh 
Silica  Co.    12  Just.  L.  R.  281;    Phila.  to  use,  v  DeArmond,    63  Super.  Ct. 


988 

\S6;    Wainrighi  Jr.   v.    Mooney,  61,   P.   I.  J.    167;    irmstrong  v.   Woloott,  65 

/*.  L.  ,/.  S8!>,  s.  c.  26  J).  R.  899. 

If  a  municipal  claim  be  not  filed  within  the  period  fixed  by  this  section, 
the  borough  cannot  recover  such  claim  in  any  form  of  action.  The  filing 
of  the  claim  is  necessary  to  avoid  a  lapse  of  the  claim:  Youngwood  Borough 
v.  Gay,  7  West.  1,  affirmed  in  77  Super.  Ot.  lb!,;  Soott  Tonnship  %\ 
Davis,  77  Super.  Ct.   S52. 

A  municipal  lien  filed  more  than  six  months  after  the  actual  completion 
of  the  improvement  is  invalid,  and  uncontradicted  testimony  as  to  the 
actual  time  of  the  completion  of  such  improvement  will  prevail  over  a 
record  from  the  State  Highway  Department  indicating  a  later  date :  Borough 
of  Punxsutawncy  v.  Perry  Wingert,  63  P.  L.  J.  15.r>. 

A  municipal  claim,  filed  before  the  passage  of  the  Act  of  June  4,  1901,  I'.  Iv. 
364,  loses  its  lien  if  a  scire  facias  is  mil  issued  ami  prosecuted  to  judgment 
within  five  years  from  the  date  of  the  filing  of  the  claim  and  all  subsequent 
proceedings  would  be  a  nullity :  City  of  Phila.  v.  Elliott,  28  D.  R.  61,8. 
A  scire  facias  to  revive  a  municipal  lien  must  not  only  be  issued  within 
one  of  the  five  year  periods  as  fixed  by  this  section  but  must  also  be  served 
as  required  by  law,  within  such  five  year  period  :  Scran-ton  City  ''.  Scranton 
Hosiery  Mills,  1,1,  Pa.  C.  C.  87,  s.  c  16  Lack.  J.  275,  see  sections  1696  1697. 
Judgment  of  non  pros,  will  be  awarded  where  scire  facias  not  properly  pro 
ceeded  in:     City  of  Scranton  to  use  v.  Richmond,  16  Lack.  J.  61,. 

An  alias  writ  of  scire  facias  is  not  a  continuation  of  the  original  writ, 
where  the  latter  was  not  properly  issued  and  served,  and  in  such  case  the 
alias  becomes  the  original  and  unless  issued  and  served  in  the  manner  and 
within  the  time  prescribed  by  the  act  under  which  it  is  issued  it  is  void 
and  will  not  serve  to  continue  the  lien:  Scranton  City  v.  Stokes,  No.  2,  28 
Super.  Ct.  487. 

Judgment  of  non  pros,  will  be  awarded  on  a  rule  where  scire  facias 
is  not  prosecuted  within  the  proper  time :  City  of  Scranton  to  use.  v.  Wm. 
H.  Richmond,  16  Lack.,  J.  61,.  See  Wainwright  Jr.,  v.  Mooney,  61,  P.  L. 
J.  267. 

The  entry  of  a  general  appearance  by  a  defendant  nine  years  after  a 
claim  was  filed  cannot  be  construed  as  a  waiver  of  the  defense  that  the 
the  lien  of  the  claim  had  expired  four  years  before  the  appearance  was 
entered  or  cure  a  lack  of  service  of  notice :  Phila.  to  use  v.  Mason,  37 
Super.   Ct.   478. 

In  the  case  of  Scranton  v.  Genet,  232  Pa.  272,  (decided  before  the  passage 
ot  the  amendment  of  1911)  it  was  held  that  the  first  scire  facias  provided 
for  in  section  10  is  the  process  to  reduce  the  claim  to  judgment  and  that 
it  is  this  judgment  that  must  be  revived  by  writ  of  scire  facias  "to  revive 
the  judgment."  The  right  to  revive  pertains  not  to  the  lien  but  the  judg- 
ment obtained  thereon.  In  Reading  v.  Moers,  11  Berks,  229,  s.  c.  11  M.  L. 
/.'.  95,  Judge  Endlich  (on  June  21,  1919)  held  '-In  the  light  of  Scranton 
v.  Genet,  supra,  it  is  readily  seen  that,  at  any  rate  so  far  as  concerns 
other  than  tax  claims,  this  enactment  (referring  to  the  amendment  of  1911), 
very  like  the  one  of  1901,  requires  that  the  municipality  take  the  steps 
pointed  out  by  the  statute  to  enforce  or  continue  the  claim ;  that  within 
certain  designated  periods,  the  proceedings  be  pushed  to  a  finality ;  and 
that  failure  to  comply  with  these  requisitions  destroys  the  claim.  In  the 
present  case,  as  already  stated,  a  scire  facias  issued  to  No.  142,  Apr.  7,  1913, 
was  not  prosecuted  to  a  verdict  or  judgment  within  five  years  from  the  date 


384 

of  its  issuance  II  follows  that  the  claim  is  lost  to  the  city  and  cannot  be 
the  basis  of  any  further  proceedings  for  collection." 

A  municipal  claim  can  be  striken  off  only  for  defects;  appearing  on  the 
face  of  the  record ;  matters  of  defense,  such  as  the  right  of  the  city  to  lay 
a  pavement  and  the  liability  of  the  owner  can  be  raised  only  on  scire  facias: 
Adumstown  Borough  v.  Hartman,  36  Lane.  73,  s.  c.  10  M.  L.  R.  174,  33 
York  48,  67  P.  L.  J.  5J,5. 

In  the  rule  to  stike  off  a  municipal  claim  based  on  a  viewers  report, 
questions,  which  a  lot  owner  desires  to  raise,  should  in  the  first  instance 
be  raised  before  the  viewers  :  Township  of  Stowe,  v.  Sterrett,  66  P.  L.  J. 
709. 

A  municipal  lien  is  not  lost  where  a  judgment  is  entered  by  the  prothono- 
i.ny  pursuant  to  the  direction  of  a  referee  within  two  days  before  the  ex- 
piration of  the  five  year  period  from  the  entry  of  the  original  judgment. 
The  decision  by  the  referee  had  the  same  weight  as  a  verdict  of  a  jury,  and 
under  the  provisions  of  section  10  of  the  Act  of  June  4,  1901,  P.  L.  364, 
the  lien  continued  five  years  from  the  date  of  such  entry :  Dwnmore  Borough 
r.  Conrad,  76  Super.  Ct.  473. 

KiSJJ.  Hereafter  all  municipal  liens  tiled  under  any  act  of  Assembly 
shall  be  revived,  continued,  and  collected  under  and  according  to 
the  procedure  and  provisions  of  the  act,  approved  the  fourth  day  of 
June,  one  thousand  nine  hundred  one  (Pamphlet  Laws,  three  hundred 
and  sixty-four),  and  the  several  amendments  thereof  and  supple- 
ments thereto,  entitled  "An  act  providing  when,  how,  upon  what 
property,  and  to  what  extent,  liens  shall  be  allowed  for  taxes,  and  for 
municipal  improvements  and  for  the  removal  of  nuisances;  the  pro- 
cedure upon  claims  tiled  therefor;  the  methods  for  preserving  such 
liens  and  enforcing  payment  of  such  claims;  the  effect  of  judicial 
sales  of  the  properties  liened,  and  the  manner  of  distributing  the 
proceeds  of  such  sales." 

See.  1,  Act  of  April  4,  1919,  P.  L.  30. 

1690.     Said  claim  shall  set  forth: 

1.  The  name  of  the  county,  city,  borough,  township,  school  dis- 
trict, road  district,  or  poor  district,  by  which  filed. 

2.  The  name  of  the  owner  of  the  property  against  which  it  is  tiled. 

3.  A  description  of  the  property  against  which  it  is  filed. 

4.  The  authority  under,  or  by  virtue  of  which,  the  lax  was  levied 
or  the  work  was  done. 

5.  The  time  for  which  the  tax  was  levied  or  the  date  on  which  the 
work  was  completed,  in  front  of  the  particular  property  against 
which  the  claim  is  tiled;  or  the  date  of  completion  of  the  improve- 
ment, where  the  assessment  is  made  after  completion  ;  or  the  date  of 
confirmation  by  the  court,  where  confirmation  is  required  done. 

6.  If  filed  to  the  use  of  a  contractor,  the  date  of  and  the  parties  to 
the  contract  for  doing  said  work;  and, 


285 

7.  In  other  than  tax  claims,  the  kind  and  character  <>f  the  work 
done,  for  which  the  claim  is  filed,  and  if  the  work  be  such  as  to  re- 
quire previous  notice  to  the  owner  to  do  it,  when  and  how  such 
notice  was  given. 

Said  claim  must  be  signed  by  the  solicitor  or  chief  executive  officer 
of  the  claimant;  and  in  the  case  of  a  use  plaintiff,  must  be  accom- 
panied by  an  affidavit  that  the  facts  therein  set  forth  are  true  to  the 
hest  of  his  knowledge,  information  and  belief. 

Sec.  11.  Act  <>f  Juno  4,  1901,  P.  L.  364. 

See  sections  1680,   1681,   1686,  1687,  1696,   1699,   17U.  with  notes. 

What  a  municipal  claim  shall  contain  is  found  in  this  section  ami  flic 
requirements  in  other  sections  do  not  relate  to  what  is  necessary  to  bo  con- 
tained in  municipal  lions,  and  if  these  requirements  outside  section  11  have 
not  been  observed  they  become  matter  of  defense  on  a  scire  facias  and  are 
not  available  on  a  motion  to  strike  off  a  lien  :  McDonald  Borough  v. 
William,   ',/  /'</.  G.  G.  157. 

A  municipal  lien  fur  paving  a  sidewalk  which  gives  the  date  of  the 
ordinance  under  which  the  work  was  done,  describes  the  property  against 
which  the  lien  is  claimed,  and  avers  that  the  owner  was  duly  notified  in 
writing  to  do  the  work,  complies  with  the  requirements  of  this  section  : 
Glcnohlen  Borough  to  use  v.  Scott,  15  D.  R.  105.  s.  c.  9  Del.  51.',,  10  North 
C.  R.  77.    1!>   York  7.7.-  McDonald  Borough    r.   Williams,    ',1    Pa.   G.   G.   151. 

Where  a  municipal  lien  filed  by  a  borough  against  a  decedent's  estate  for 
paving  a  street  misnamed  the  county  in  which  the  borough  was  situated : 
and  sot  forth  the  name  of  the  owner  at  the  time  the  Hon  was  filed  as 
"The  Robert  Miller  Estate;"  and  filed  it  for  a  lump  sum.  setting  forth 
"the  kind  and  character  of  the  work  done"  as  "grading,  paving  and  curbing 
of  Market  Street  in  front  of  the  said  lot  or  piece  of  ground"  without  stating 
whether  it  was  roadway  or  footway,  the  number  of  foot,  or  price,  or  nature 
and  character  of  the  materials  used  :  and  stated  that  the  work  "was  finally 
confirmed  by  the  said  burgess  and  town  council,"  will  be  striken  off  on 
motion  as  too  vague  and  indefinite  and  not  according  to  the  requirements 
of  this  section  :     Frecport  Borough  v.  Robert  Miller  Estate,  81,  Super.   Ct. 

895. 

On   a  scire    facias   sur  municipal   lien,    the   lion   will   be   stricken   from   the 
record,  where   the  lien   did   not  state   the   name  of   the  registered   owner   of 
the  property  at  the  time  the  lien  was  filed:     Bo-rough  of  Bcllcruc  r.  White 
head  ct  at,  67/  P.  L.  J.  237.     See  definition  of  owner,  section  1678. 

Where  the  description  of  the  property  is  definite  and  is  not  rendered  un- 
certain or  doubtful  by  failure  to  embrace  an  area  which  might  have  been 
included,  it  is  a  sufficient  compliance  with  clause  3.  Toumship  of  Stoirc  r. 
Sterrett,  66  P.  L.  J.  709.  Where,  under  clause  3,  the  description  was  in- 
sufficient: In  re  Rule  to  strike  off  lax  lien  against  SeJia/ipert.  IK  I":. 
L.  R.  76. 

It  is  not  necessary,  under  clause  4,  to  set  forth  the  ordinance  or  laws 
which  authorized  the  improvement.  A  reference  to  them  is  sufficient: 
Allentown  to  use  of  Barber  Asphalt  Paring  Co.  v.  Light,  15  D.  R.  619. 

Under  clause  4  of  this  section  it  is  not  necessary  for  the  lien  to  set  out 
at  length  the  acts  and  ordinances  under  which  the  work  was  done.  If  the 
lien  refers  to   such   authority  by  recital   of  title  it   will   be  sufficient:      Yorl 


286 

City  v.  Holtzapple,  67  Super.  Ct.  596,  affirming  7  Leh.  193;  SO  York  173, 
nor  is  it  necessary  for  the  lien  to  set  out  when  and  by  whom  the  amount 
claimed  was  assessed,  nor  the  copy  of  the  contract  between  the  borough  and 
the  use  plaintiffs:  Lansdowne  Boro.  to  use  v.  Hartel,  1^8  Super.  Ct.  1/30, 
affirming  11  Del.  356,  Jf58. 

A  municipal  lien  need  not  state  the  Acts  of  Assembly  nor  the  general 
ordinances  but  the  authority  by  which  the  municipality  acted  in  the  parti- 
cular case,  and  which  are  required  to  be  set  out,  is  "the  action  of  the  proper 
body  and  the  character  and  extent  of  that  action."  Under  clause  7  where 
curbing  is  laid  the  lien  should  also  set  forth  that  the  owner  neglected  to  do 
the  work  for  the  length  of  time  prescribed  by  ordinance  after  notice.  Where 
an  act  of  Assembly  directs  the  manner  in  which  a  lien  shall  be  filed,  the 
direction  contained  therein  must  be  strictly  followed :  City  of  Lancaster 
v.  Holler,  35  Lane.  L.  R.  97. 

The  three  different  classes  of  lien,  which  are  provided  for  in  Section  1688 
and  in  clause  5  of  this  section,  are  defined  in  the  following  case,  which  holds 
that  an  averment  in  a  municipal  claim  that  a  curbstone  and  block  were  set 
in  front  of  a  particular  property  on  specified  dates,  is  a  sufficient  averment 
that  the  work  was  done  and  completed  on  the  dates  specified,  although  the 
word  "completion"  is  not  used  in  the  claim :  Lansdowne  Borough,  to  use, 
v.  Hartel,  48  Super.  Ct.  430,  affirming  11  Del,  356,  458. 

Under  clause  7  of  this  section  a  claim  is  properly  signed  by  a  borough 
by  an  attorney,  designating  himself  as  solicitor  for  claimant,  as  word  claim- 
as  filled  out  for  filing  in  court:  Old  Forge  Borough  v.  Foley  Estate,  67 
Super.  Ct.  125,  reversing  17  Lack.  J.  197. 

A  municipal  lien  filed  to  use  will  not  be  stricken  off  because  it  is  signed 
by  an  attorney,  designating  himself  as  solicitor  for  claimant  as  word  claim- 
ant means  plaintiff  or  use  plaintiff:  (See  section  1680).  Prospect  Park 
Boro.  v.  Duhring,  14  Del.  315.  As  to  signing  claim  for  use  plaintiff  see 
Allentown  to  use  v.  Ackerman,  37  Super.  Ct.  363,  affirming  2  Leh.  236. 

A  claim  with  a  rubber  stamp  impression  of  the  signature  of  the  "solicitor 
for  claimant"  ratified  later  by  his  appearance  in  defense  of  the  claim,  is  a 
sufficient  signing;  and  a  notarial  certificate  that  he  made  affidavit  thereto 
is  a  sufficient  compliance  with  this  section :  Philadelphia  to  use  v.  Kinkaid 
et  al.,  24  D.  R.  287. 

The  only  person  authorized  to  make  the  affidavit  is  the  solicitor  or  chief 
executive  officer  of  the  claimant,  or,  perhaps  the  use  plaintiff  himself,  if  he 
be  a  natural  person.  Where  the  affidavit  accompanying  the  claim  is  not 
made  by  the  person  designated  but  is  so  drawn  as  to  affect  the  landowner 
with  notice  of  that  fact,  the  defect  will  be  deemed  to  have  been  waived  if 
the  owner  raises  no  objection  either  by  demurrer  or  motion  to  strike  off 
the  claim  and  first  raises  the  objection  on  a  motion  for  compulsory  nonsuit : 
Allentoion  to  use,  v.  Ackerman,  37  Super.  Ct.  363,  affirming  2  Leh.  Co.  L. 
J.  236. 

The  lien  complies  with  clause  7  when  it  describes  the  character  of  the 
work  as  "cartway  paving  with  stone  block"  and  "new  curb."  It  is  not 
necessary  to  set  out  the  kind  of  stone  blocks  used  or  the  kind  of  curb  set. 
A  lien  for  paving  which  is  on  a  printed  form  containing  the  printed 
signature  of  "John  L.  Kinsey,  City  Solicitor,  per"  followed  by  the  written 
signature  of  an  assistant  to  the  solicitor  is  a  sufficient  signing:  Phila- 
delphia v.  Meighan,  15  1).  R.   In. 

"The  kind  and  character  of  the  work  done"  is  sufficiently1  set  out  in 
claim  stating,  "the  paving  of  North  Seventh  Street  on  the  east  side  thereof 


287 

on  front  of  the  above  described  property"  and  these  averments  are  followed 
hy  a  statement  of  the  number  of  Bquare  yards  of  paving,  and  the  cost  prr 
yard.  It  is  nnt  necessary  to  state  tlio  materials  of  which  the  pavement 
was  constructed:  Allentown  to  use  v.  Ackerman,  S7  Super.  Ct.  S6S,  affirm- 
ing g  I, eh.  Co.  L.  J.  236. 

Under  clause  7  the  lien  must  aver  that  notice  of  an  intention  t<>  fil>'  B 
municipal  lien  for  abating  a  nuisance  was  served  on  the  registered  owner, 
if  there  be  one,  and  must  state  when  and  how  the  notice  was  served  and 
must  set  forth  (lie  kind  and  character  of  the  work  done.  A  claim  for  a 
lump  sum  for  "regrading  and  repairing  sideyards  with  cement"  without 
specifying  the  amount,  of  work  done,  the  number  of  feet  of  regrading  and 
paving  and  the  price  paid  tor  the  same,  is  detective  and  will  be  stricken  off: 
Philadelphia  v.  Lewis,   ',<>  Pa.  C.  C.  698,  s.  e.  22  D.  R.  176. 

A  municipal  lien  is  not  invalid  for  uncertainty  as  to  kind  and  character  of 
the  work  done  when  it  is  based  on  a  report  of  viewers  who  were  appointed 
to  assess  the  damages  am)  benefits  for  grading,  paving  and  curbing  a  named 
street:     Township  of  Stowe  v.  Stern  tt.  lid  /'.  /..  ■/.  709. 

Likewise  a  claim  signed  "The  City  of  Allentown.  to  use  of  the  Barber 
Asphalt  Paving  Co.,  by  M.  P.  Schantz.  Attorney  for  use  plaintiff'  is  pro- 
perly signed.  Notice  to  owner  under  clause  7  is  not  required  before  paving 
•a  street,  nor  is  it  necessary  to  set  forth  in  claim  the  notice  provided  in 
Section  1687.  A  municipal  claim  may  be  stricken  from  the  record  upon 
sufficient  cause  shown ;  the  procedure  provided  by  the  Act  of  1901  is  not 
exclusive:  Allentown,  to  use  of  Barber  Asphalt  Paving  Co.  v.  Light,  15  D. 
R.  619. 

The  notice  spoken  of  under  clause  7  is  that  provided  for  in  section  1686, 
Allentown,  to  use  of  Barber  Asphalt  Paving  Co.  r.  Light,  15  D.  R.  619: 
City  of  York  v.  Miller,  254  Pa.  436;  Philadelphia  to  use  r.  Kinkaid  ct  «/., 
24  D.  R.  287. 

A  municipal  lien  for  a  sewer  is  sufficient  which  sets  out  the  size  of  the 
sewer,  its  material,  its  length  in  front  of  defendant's  property,  the  price  per 
foot,  the  length  and  price  per  foot  of  the  house  connections,  together  with  the 
title  and  date  of  approval  of  the  ordinance  under  which  the  work  was  done  : 
Erie  City  v.  Willis,  26  Super.  Ct.  459. 

Upon  motion  to  strike  off  municipal  lien  for  sewer  on  ground  that  lien  is 
for  something  more  than  cost  of  construction  of  sewer  and  which  is  not  separ- 
ately valued,  court  is  bound  to  consider  only  averment  in  lien  and  if  it  con- 
forms to  act  of  assembly  lien  will  not  be  stricken  off:  Prospect  Park  Bora, 
v.  Duhring,   1 ',  Del.  315. 

It  is  not  necessary  to  state  in  the  claim  filed  for  lien  what  was  done  by 
the  secretary  of  council  as  to  notice  of  how  the  assessment  was  made  or  ap- 
portioned :  McDonald  Borough  v.  Williams,  )1  Pa.  ('.  C.  1  ■'>",.  \\  is  not 
necessary  to  state  that  the  city  engineer  made  a  certificate  stating  the  time 
of  the  completion  of  the  improvement  and  filed  it  with  the  city  clerk,  and  that 
no  notice  was  given  to  the  defendant  of  the  time  and  place  of  making  the 
assessment:  Allentoicn  to  use  v.  Ackerman.  37  Super.  Ct.  363,  affirming  2 
Leh.  236. 

For  the  authority  under  which  a  lien  is  filed,  it  is  sufficient  to  designate 
the  number  and  date  of  the  ordinance  and  to  say  "by  virtue  of  the  Acts  of 
Assembly  of  Pennsylvania  relating  thereto."  The  claim  may  be  amended  and 
the  question  of  interest  may  be  determined  on  the  merits.  In  assessing  for 
sewers,  the  council  may  allow  for  corner  locations  and  irregularly  shaped  lots: 
Dunmore  Borough  v.  Knapp,  21  Look.  J.  381,  s.  o.  12,  M.  L.  R.  146. 


2SS 

1691.  The  property  described  in  tax  claims  shall  include  the 
whale  property  against  which  the  tax  is  levied.  The  property  des- 
cribed in  municipal  claims  may  include  the  whole  contiguous  prop- 
erty, or  it  may  include  only  the  lot  in  front  of  or  upon  which  the 
work  is  done  or  to  which  service  is  supplied,  of  such  depth  as  is 
usual  in  properties  of  the  same  kind  or  character  in  the  particular 
neighborhood.  No  municipal  claim  or  tax  claim  shall  be  invalid  by 
reason  of  including  therein  property  to  a  greater  depth  than  as  above 
provided  ;  but  the  court  in  which  the  same  is  filed  may,  at  any  time 
prior  to  judgment  thereon  but  not  afterwards,  upon  it  appearing  thai 
such  claim  includes  property  to  a  greater  depth  than  is  hereby  made 
subject  to  such  claim,  limit  the  lien  thereof  to  the  proper  deplh.  Tn 
all  cases  where  a  tax  is  levied  on  or  tiled  against  separate  and  dis- 
tinct properties,  in  one  amount  covering  all.  the  proper  public  au- 
thority shall,  if  tendered  with  all  costs,  if  any,  accept  payment  of  the 
portion  of  the  whole  amount  of  said  tax  chargeable  upon  each  or  any 
of  the  separate  and  distinci  properties  so  charged  together,  accord- 
ing to  the  tax  rate  and  assessed  valuation  thereof,  and  payment  and 
satisfaction  of  any  one  portion  may  be  made  without  prejudice  tq 
the  claim  against  the  remainder. 

Sec.  12,  Act  of  June  4,  1901,  P.  L.  364,  as  amended  by  Sec.  4,  Act  of  May 
28,  1915,  P.  L.  599. 

1692.  Any  person  having  an  interest  in  the  property,  whensoever 
aequired,  may,  after  ten  days  prior  notice  in  writing,  by  leave  of 
court,  intervene  as  a  party  defendant  and  make  defense  thereto, 
with  the  same  effect  as  if  he  had  been  originally  named  as  a  defend- 
ant in  the  claim  tiled.  And  the  claimant  may  by  writing  filed  at  his 
costs,  strike  off  the  name  of  any  defendant  therein:  and  may  substi- 
tute as  a  defendant,  and  issue  a  scire  facias  against,  any  person  who 
may  have  any  interest  therein  as  owner,  or  who  is  the  personal  repre- 
sentative of  an  owner  who  has  died  either  before  or  after  filing  the 
claim,  but  such  substitution  shall  always  be  without  prejudice  to 
any  intervening  rights. 

Sec.  13,  Act  of  June  4.  1901.  P.  L.  364,  as  amended  by  Sec.  5,  Act  of  May 
28.  1915,  P.  L.  599. 

On  the  trial  of  a  municipal  lien  where  it  appears  that  the  defendant  named 
is  dead,  the  trial  judge  commits  no  error  in  refusing  to  permit  a  suggestion  of 
the  death  of  the  defendant  to  be  filed,  where  it  appears  that  neither  the  heirs 
of  the  decedent  nor  any  other  persons,  claiming  title  have  registered  their 
title,  or  have  intervened  or  asked  to  intervene  as  parties  defendant::  Phila- 
delphia v.  Dale,  56  Super.  ('/.  3.',',l 

1693.  In  all  cases  where  a  tax  or  municipal  claim  is  levied  on  or 
filed  against  separate  and  distinct  properties  as  one  estate,  it  shall 
and  may  be  lawful  for  the  proper  public  authority,  either  before  or 


289 

after  filing  .->  claim  therefor,  to  apportion  the  same  ratably  upon  the 
separate  and  distinct  properties  so  assessed  together.  And  the  court 
in  which  the  claim  is  filed,  on  proof  that  the  properties  were  separate 
and  distinct  at  the  time  the  tax  was  levied  or  the  work  was  don-'. 
Shall  al  any  stage  of  the  proceedings,  apportion  the  charge  against 
such  properties.  When  apportioned,  they  shall  be  treated  and  con- 
sidered in  all  respects  as  it'  separate  and  distinct  chiinis  had  been 
filed;  and  payment  and  satisfaction  of  any  one  portion  may  be  made 
without  prejudice  to  the  claim  as  against  the  rest. 

Sec.  11.  A<-i  of  June  4,  1901,  P.  L.  3J34. 

Where  defendants  were  in  error  jointly  assessed  as  being  the  owners  of 
two  certain  lots  an  apportionment  can  be  made  under  this  section:  Borough 
of  Ligonicr  v.  Deeds  el  al-.  ■>   West  200. 

A  municipal  lien  for  a  sidewalk  may  he  filed  against  a  number  of  lots  in 
a  borough  described  as  consecutively  numbered  where  it  appears  that  the  lots 
are  contiguous,  are  not  held  by  a  separate  title,  are  not  used  for  separate  or 
district  purposes,  ami  that  the  improvement  was  made  at  one  time,  under 
one  ordinance  and  one  contract.  The  fad  that  a  fence  was  between  two 
two  of  the  lots,  without  more,  will  not  invalidate  the  lien:  Prospect  Park 
Borough  v.  McCoach,  52  Super.  Ct.  527. 

A  municipal  claim  may  lie  filed  for  a  sidewalk  which  includes  the  sidewalks 
on  two  streets,  where  property  is  located  at  the  corner  of  the  two  streets 
and  is  but  a  single  property:  York  City  v.  Beitzel,  'fl  Super.  Ct.  10 ).  rc- 
versing  .'/  York  100,  2  Lch.  315. 

L694.  Any  defendant  named  in  the  claim,  or  any  person  allowed 
to  intervene  and  defend  thereagainst,  may,  at  any  stage  of  the  pro- 
ceedings, present  his  petition,  under  oath  or  affirmation,  setting 
forth  that  he  has  a  defence  in  whole  or  in  part  thereto,  and  of  what 
it  consists;  and  praying  that  a  rule  be  granted  upon  the  claimant 
tOjfile  an  affidavit  of  the  amount  claimed  by  him.  and  to  show  cause 
why  the  petitioner  should  not  have  leave  to  pay  money  into  court: 
and  in  the  case  of  a  municipal  claim,  to  enter  security  in  lieu  of  the 
claim;  whereupon  a  rule  shall  be  granted  as  prayed  for.  Upon  the 
pleadings  tiled,  or  from  Hie  claim  and  the  affidavit  of  defence,  and 
without  a  petition  where  an  affidavit  of  defence  has  been  filed,  the 
court  shall  determine  how  much  of  the  claim  is  admitted  or  not 
sufficiently  denied;  and  shall  enter  a  decree  that  upon  the  payment 
by  such  petitioner  to  the  claimant  of  the  amount  thus  found  to  be 
dne,  with  interest  and  costs  if  anything  be  found  to  be  due.  or  upon 
payment  into  court,  if  the  claimant  refuses  to  accept  the  same,  and 
upon  payment  into  court  of  a  sum  sufficient  to  cover  the  balance 
claimed,  with  interest  and  costs,  or  upon  the  entry  of  approved  se- 
curity in  the  case  of  a  municipal  claim,  that  such  claim  shall  be 
wholly  discharged  as  a  lion  against  the  property  described  therein, 
and  shall  be  stricken  from  the  judgment  index.  Thereafter  the  ma- 
terial disputed  facts,  if  any,  shall  be  fried  by  a  jury,  without  further 

19 


2!)!> 

pleadings,  with  the  same  effect  as  if  a  writ  of  scire  facias  had  duly 
issued  upon  said  claim,  to  recover  the  balance  thereof;  but  the  jury 
shall  be  Sjworn  to  try  the  issues  between  the  claimant  and  the  parties 
who  paid  the  fund  into  court  or  entered  security,  and  verdict,  judg- 
ment and  payment,  or  execution,  shall  follow  as  in  other  cases.  The 
same  course  may  be  pursued,  at  the  instance  of  any  owner,  where  the 
claim  has  not  in  fact  been  filed,  and  if,  in  that  event,  the  petitioner 
complies  with  the  decree  made,  the  money  paid  into  court  or  security 
entered  Khali  stand  in  lieu  of  the  claim,  and  the  latter  shall  not  be 
filed,  and  if  filed  shall  be  stricken  off  upon  motion. 

Sec.  15,  Act  of  June  4,  1901.  P.  L.  364. 

Upon  presentation  of  a  proper  petition,  it  is  the  duty  of  the  courl  to  de- 
termine  from  the  pleadings  filed  how  much  of  llie  claim  is  admitted  or  not 
sufficiently  denied ;  if  a  part  of  it  is  sufficiently  denied  then  it  is  the  right  of 
the  defendant  to  tender  payment  of  the  balance  to  the  municipal  authorities, 
pay  into  the  court  or  give  security  for  the  amount  in  dispute  and  have  the 
claim  stricken  from  the  judgment  index.  Thereafter  the  material,  disputed 
facts,  if  any,  are  to  be  determined  in  the  manner  provided  by  the  statute: 
Sharpsville  Boro,   v.  Randall,  73  Super.  Ct.  61. 

This  section  provides  an  adequate  legal  remedy  to  prevent  filing  municipal 
paving  claims ;  therefore,  an  injunction  should  not  issue  on  the  ground  of 
irreparable  mischief.  Discussion  concerning  joinder  of  parties  in  injunction 
applicaton:  Geesey  et  al,  v.  Cty  of  York,  25  D.  R.  Ill,  s.  e.  28  York  203, 
affirmed  in  25 J,  Pa.  397. 

1695.  Any  party  named  as  defendant  in  the  claim  filed,  or  ad- 
mitted to  defend  thereagainst,  may  file,  as  of  course,  and  serve  a 
notice  upon  the  claimant  or  upon  the  counsel  of  record  to  issue  a 
scire  facias  thereon,  within  fifteen  days  after  notice  so  to  do.  If  no 
scire  facias  be  issued  within  fifteen  days  after  the  affidavit  of  service 
of  notice  is  filed  of  record,  the  claim  shall  be  stricken  off  by  court 
upon  motion.  If  a  scire  facias  be  issued  in  accordance  with  such 
notice,  the  claimant,  shall  not  be  permitted  to  discontinue  the  same, 
or  suffer  a  nonsuit  upon  the  trial  thereof,  but  a  compulsory  nonsuit 
shall  be  entered  by  the  court  if  the  claimant  does  not  appear,  or  with- 
draws or  for  reason  fails  to  maintain  his  claim. 

Sec.  16,  Act  of  June  4,  1901,  P.  L.  364. 

1696.  The  claim  shall  be  sued  by  writ  of  scire  facias,  and  the 
form  thereof  shall  be  substantially  as  follows: 

The  Commonwealth  of  Pennsylvania  to  (names  of  the  parties  de-. 
fendant)  Greeting: 

Whereas,  The   (city,  borough,  or  other  municipality  as  the  case 

may  be),  on  the day  of ,  A.  D.  1 ,  filed  its 

claim  in  our  court  of  common  pleas  of County, 

at  No Term,  1 ,  M.  L.  D.,  for  the  sum  of  f , 

with    interest    from    the day    of ,    1 ,    for 


29 1 

(give  the  improvement,  or  that  for  which  the  claim  is  filed),  against 
the  following  property  situate  in  (give  location  and  brief  description 
of  the  property),  owned  or  reputed  t<>  be  owned  by  you. 

And  whereas,  We  have  been  given  to  understand  that  said  claim 
is  still  due  and  unpaid,  and  remains  a  lien  againsl  the  said  property  : 

Now.  you  are  hereby  notified  to  file  your  affidavit  of  defence  to 
s:iid  claim,  if  defence  you  have  thereto,  in  the  office  of  the  prothono- 
larv  of  our  said  court,  within  fifteen  davs  after  the  service  of  this 
writ  upon  you.  If  no  affidavit  of  defence  be  filed  within  said  time, 
judgment  may  he  entered  against  you  for  the  whole  claim,  and  the 
property  described  in  the  claim  be  sold  1<>  recover  the  amount  thereof. 

Witness   the  Honorable President  Judge 

of  our   said    Court,   this day   of A.    1). 

1...- 

Prothonotary. 

(Seal) 

The  claimant,  when  he  tiles  his  praecipe  lor  the  writ  of  scire  facias, 
may  direct  the  prothonotary  to  add  and  insert  the  names  of  any 
persons  whom  the  claimant  may  know  tf>  have  an  interest  in  the 
premises,  and  the  scire  facias  shall  he  issued  containing  such  addi- 
tional names.  But  the  parties  to  the  claim  may  agree  upon  an  ami- 
cable scire  facias,  upon  such  terms  as  may  be  agreed  upon,  with  the 
same  effect  as  if  a  scire  facias,  in  the  form  aforesaid,  had  been  duly 
issued,  served,  and  returned  :  or  the  defendants,  or  anv  of  them,  mav 
waive  the  issue  of  a  scire  facias,  and  appear  with  like  effect  as  if  the 
scire  facias  had  been  issued  and  served. 

Sec.  17.  Act  of  June  4.  1901.  P.  L.  364,  as  amended  by  Sec.  1,  Act  of  May 
('..  1909,  P.  L.  452. 

See  sections  1687,  1699,  1714  with  notes. 

A  writ  of  scire  facias  issued  on  a  recorded  municipal  lien  in  the  form 
prescribed  by  tins  section  entitled  (lie  plaintiff  to  judgment  in  t lio  absence  of 
sufficient  affidavil  of  defence:  Borough  oj  West  Reading  v.  Sohlegal  cf  ah.  .'/ 
Berks  t69. 

A  bill  in  equity  to  restrain  a  municipality  from  filing  liens  and  collecting 
paving  claims  against  certain  property  owners  will  be  dismissed  because  tbe 
plaintiffs  have  a  full  and  adequate  remedy  at  law  by  setting  up  any  matter 
of  defence  in  a  hearing  on  a  scire  facias:  Gcesaj  v.  City  of  York,  2.7/  Pa. 
897,  affirming  25  I>.  /■'.  ///,  28  York  iOS. 

A  plaintiff  cannot  have  a  verdict  unless  his  proofs  satisfy  every  require- 
ment of  the  Act.  The  regularity  of  a  municipal  lien  as  to  form  and  contents 
must  be  taken  advantage  of  either  by  demurrer  or  on  a  motion  to  strike  off 
and  these  can  be  employed  only  where  there  is  a  defect  apparent  on  the  record. 
Where  defendant  goes  to  trial  without  objection  to  the  form  of  the  lien  it  is 
too  late  to  enter  such  objection  at  the  trial.  Facts  averred  in  the  claim 
and  not  traversed  by  the  defendant  are  taken  as  admit  ted:  City  of  York  v. 
Miller,  254  Pa-  4%6>  affirming  60  Super.  Ct.  £07,  reversing  2S  York  11. 


292 

In  a  trial  on  a  scire  facias  sur  municipal  lien  for  pacing  the  defendant  may 
show  that  the  improvement  was  negligently  made,  and  not  completed,  and 
that  by  such  failure  the  defendant  suffered  damage.  In  such  a  suit  by  a  use 
plaintiff  the  defendant  may  sot  off  money  which  the  use  plaintiff  owed  him: 
York  City,  to  use  v.  Miller,  60  Super  Ct.  407,  reversing  28  York  77. 

A  writ  of  scire  facias  issued  after  the  passage  of  the  Act  of  June  4,  1901, 
P.  L.  364,  to  enforce  the  collection  of  a  municipal  claim  for  paving  which  had 
accrued  and  been  assessed  prior  to  the  passage  of  the  Act  of  1901,  must 
follow  the  form  and  procedure  prescribed  in  the  earlier  Act  of  May  16,  1891, 
P.  L.  69:     Scranton   City   v.  Stokes,   Nos.    1   and  2,  28  Super.  Ct.    >,3>,.    ',. \7. 

The  service  of  a  scire  facias  to  revive  a  lien  must  be  made  within  the  five 
year  period  and  .must  conform  to  the  requirements  of  this  act  in  both  the 
manner  and  time  of  service :  Scranton  City  v.  Scranton  Hosiery  Mills,  44 
Pa,  C.  C.  87,  s.  c.  16  Lack.  J.  275.     See  Section  1688. 

An  affidavit  of  defense  to  a  municipal  claim  which  is  filed  after  the  period 
of  fifteen  days  but  before  plaintiff  moves  for  judgment,  is  in  time  to  prevent 
judgment  being  entered,  provided  the  affidavit  is  sufficient:  City  of  Scranton 
V.  Mc Annlty,  26  D.   R.  66,  s.  c.  8  M.  L.  R.   81,   17  Lark.   -1 .    107 . 

Whether  or  not  the  land  is  rural  is  a  question  for  the  jury  on  a  scire  facias 
sur  municipal  lien :  Prospect  Park  Borough  v.  Wyndham,  8  M.  L.  R.  55, 
s.  c.  l/f  Del  117. 

Concerning  sufficiency  of  affidavit  of  defense,  see  Carrick  r.  Canevin,  21/8 
Pa.  283,  Carrick  v.  Canevin,  55  Super.  Ct.  283. 

In  a  contest  on  a  scire  facias  issued  on  a  lien  filed  to  use  "The  general  rule 
undoubtedly  is  that  the  rights  of  the  legal  plaintiff  only  can  be  regarded  and 
must  prevail"  :  Allentown  to  use  v.  Ackerman,  87  Super.  Ct.  363,  affirming 
2  LeJi.  Co.  L.  J.  236. 

On  the  trial  of  a  scire  facias  sur  municipal  lien  where  it  appears  that 
the  writ  was  served  on  the  defendant  who  appeared  regularly  and  made  no 
objection  to  the  form  of  the  writ  either  in  his  affidavit  of  defense  or  otherwise, 
and  it  also  appeared  that  the  writ  could  not  be  round,  the  defendant  has  no 
standing,  after  both  sides  had  closed  to  ask  for  binding  instructions  in  his 
favor,  because  the  writ  had  not  been  offered  in  evidence,  and  because  the 
writ  was  invalid.  Plaintiff  was  not  bound  to  offer  the  writ  in  evidence : 
Scranton  v.  Koehler,  36  Super.  Ct.  95,  affirming  8  Lack.  J.  83. 

A  municipal  claim  which  recites  the  authority  under  which  the  work  was 
done  and  sets  forth  in  detail  everything  required  by  section  1690,  is  sufficient 
to  require  the  defendant  to  file  an  affidavit  of  defense  to  a  scire  facias  issued 
upon  it:  York  City  v.  Beilzel,  41  Super.  Ct.  l9Jh  reversing  21  York  100,  2 
Leh.  Co.  L.  J.  315. 

1697.  The  sheriff  to  whom  the  scire  facias  is  given  for  service  shall 
add  to  the  writ,  as  parties  defendant,  all  persons,  other  than  those 
named  therein,  who  may  be  found  in  possession  of  the  property  de- 
scribed or  any  part  thereof,  and  in  case  no  one  is  in  possession,  he 
shall  post  a  true  copy  of  the  writ  on  the  most  public  part  of  the  said 
property  ;  and  he  shall  add  to  the  said  writ  the  names  of  any  persons, 
not  already  named  therein,  whom  he  may  ascertain  to  have  an  in- 
terest in  the  property  described,  or  any  part  thereof:  which  writ 
shall  then  be  further  served,  as  follows: — 


203 

i a  i  By  serving-,  ;is  in  the  case  of  ;i  summons,  sueli  of  those  names 
in  the  writ,  or  added  thereto,  as  may  be  found  in  the  county  in 
which  the  writ  issued:  and, 

(b)  Where  the  sheriff  h;is  information  that  those  named  in  the 
writ,  or  added  thereto,  or  any  of  them,  may  be  round  in  any  other 
county  of  this  Commonwealth,  the  said  persons  shall  be  served,  as 
in  ease  of  a  summons,  by  the  sheriff  of  the  county  in  which  the  said 
defendants  or  any  of  them  may  reside,  he  being  deputized  for  thai 
purpose  by  the  sheriff  of  the  county  in  which  the  writ  issues;  and, 

(ci  Tn  case  any  of  those  named  in  the  writ  or  added  thereto, 
cannot  be  found,  or  their  residences  within  this  Commonwealth  are 
unknown,  or  in  case  they  reside  without  the  Commonwealth,  the  said 
writ  may  be  served  by  advertising  a  copy  thereof,  or  a  brief  notice  of 
the  contents  of  the  same,  once  a  week  for  three  successive  weeks,  in 
one  newspaper  of  general  circulation  in  the  county,  and  in  the  legal 
periodical,  if  any,  designated  by  the  court  for  that  purpose:  Pro- 
vided, however.  That  any  defendant  may  accept  service  of  said  writ. 
in  person  or  by  counsel,  with  the  same  effect  as  if  duly  served  there- 
with by  the  sheriff. 

Where  the  said  writ,  or  the  brief  notice  of  the  contents  thereof, 
have  been  advertised  as  aforesaid,  the  same  shall  have  the  same  effect, 
as  if  the  writ  had  been  personally  served ;  and  all  those  named  there- 
in, as  to  whom  publication  has  been  made,  shall  file  their  affidavit  of 
defence,  as  required  by  the  said  writ,  within  fifteen  days  after  the 
date  of  the  last  weekly  advertisement  of  the  said  writ.  Service  of 
any  such  writ  may  be  made  at  any  time  within  three  months  from  the 
date  on  which  it  was  issued,  but  it  shall  be  served  and  returned  at 
the  earliest  date  possible,  and  the  plaintiff  may  require  its  return  at 
any  time,  whether  or  not  it  be  actually  served. 

^oe.  18,  Act  of  June  4.  1901,  P.  L.  364,  as  amended  by  Sec.  2.  Act  of 
May  0,  190f>.  P.  L.  452. 

The  proceedings  on  a  scire  facias  sur  municipal  lion  an'  regulated  by  ibis 
section,  by  the  operation  of  which  the  return  of  nihil  habet  is  abolished. 
Tbe  writ  must,  be  served  on  all  the  parties  defendant  in  some  one  of  the 
several  ways  therein  prescribed,  and  that,  within  the  period  of  three  months 
from  tbr  date  of  issue  in  default  of  which  the  sheriff's  return  will  be  set  aside  on 
motion:  City  of  Bcranion  r.  fcranton  Hosiery  Mills,  16  Lack.  -1.  /.''/.  and 
275  s.  o.   ',',  /'".  G.  C.  87. 

Under  sub-division  "c"  of  this  section,  if  a  defendant  named  in  a  writ  of 
scire  facias  sur  municipal  lien  cannot  be  found  or  has  no  known  residence 
within  the  Commonwealth,  the.  writ  must  be  served  by  advertisement;  a 
return  <>f  service  "by  mailing  him  a  true  and  attested  copy  of  the  within 
writ  in  a  registered  letter,"  is  defective,  and  will  be  set  aside:  Dunmore 
Borough   v.  BurTce  ei  al.,  26  D.  /?.   t057,  s.  c.   t8  Lack.  J.   US. 

The  Act  of  May  .'!.  1015,  P.  L.  242,  requiring  the  sheriff  to  advertise  in 
German,  Italian  and  Yiddish  newspapers  has  been  declared  unconstitutional 
in  Phila.  v.  Unknown,  24  D.  R.  75S. 


294 

Irregularities  in  the  sheriff's  return  of  the  service  of  a  writ  showing 
failure  to  do  certain  things  prescribed  by  statute,  which,  however,  do  not 
affect  the  right  of  the  court  to  enter  judgment,  are  cured  by  the  entry  of 
judgment  and  the  sale  of  the  property :  Tiegel  v.  Love,  62  P.  L.  J.  532, 
Affirmed  in  61  Super.  Ct.  lift. 

In  a  scire  facias  proceeding  on  a  municipal  lien  where  the  present  register- 
ed owner  is  not  included  as  a  defendant,  or,  when  included,  is  not  properly 
served  with  notice,  he  cannot  be  bound  by  the  proceeding.  In  such  a  case 
the  entry  of  the  general  appearance  by  the  present  owner  nine  years  after  the 
claim  was  filed  cannot  be  construed  as  a  waiver  of  the  defense  that  the  lien 
of  the  claim  had  expired  four  years  before  the  appearance  was  entered : 
Philadelphia  to  use  v.  Mason,  37  Super.  Ct.  4?8. 

Service  on  the  defendant  against  whom  the  claim  was  filed,  but  who  had 
conveyed  his  title  before  the  scire  facias  issued,  is  not  sufficient  to  support 
a  judgment.  The  purpose  of  the  act  as  amended  was  to  provide  for  notice 
of  the  scire  facias  to  the  real  party  in  interest,  so  that  he  should  not  be 
at  the  inevitable  hazard  of  having  his  property  taken  in  execution  without 
opportunity  either  to  make  a  valid  defense  or  to  save  costs  if  he  had  no 
defense:  City  of  Scranton  v.  Meadow  Brum,  Land  Co.,  20  Luck.  J.  33; 
28  D.  R.  882. 

Where  a  sheriff's  return  of  the  service  of  a  writ  of  scire  facias  sur 
municipal  lien  does  not  comply  with  the  act,  the  return  may  be  amended 
even  after  a  sheriff's  sale  and  deed  to  the  purchaser,  so  as  to  conform  to  the 
facts.  A  sheriff's  return  may  always  be  amended  so  as  to  conform  to  the  truth, 
unless  some  new  right  has  arisen  in  the  meantime  founded  upon  the  defective 
return.  Where  such  an  amendment  has  been  allowed,  and  no  appeal  taken 
therefrom,  the  correctness  of  the  allowance  canot  he  attacked  in  a  collateral 
proceeding:     Moloney  v.  Simpson,  226  Pa.  Jt79. 

See  notes  to  section  1696. 

Service  of  a  writ  of  scire  facias  sur  municipal  lien,  in  order  to  support 
a  judgment  thereon,  must  conform  strictly  to  the  act.  A  return  of  service 
by  posting  a  true  copy  of  the  writ  on  the  liened  premises  is  ineffective, 
unless  it  also  show  the  reason  for  the  posting,  namely,  that  the  possession 
was  found  to  be  vacant:     Scranton  v.  Kennedy,  22  Lack.  J.  183. 

1698.  If  no  affidavit  of  defense  be  filed  within  the  time,  desig- 
nated, judgment  may  be  entered  and  damages  assessed  by  the  pro- 
thonotary  by  default,  for  want  thereof.  Such  assessment  shall  in- 
clude a  five  per  cent  fee  for  collection  to  plaintiff's  attorney,  not  ex- 
ceeding, however,  twenty  dollars.  If  an  affidavit  of  defense  be  filed, 
a  rule  may  be  taken  for  judgment  for  want  of  a  sufficient  affidavit 
of  defense,  or  for  so  much  of  the  claim  as  is  insufficiently  denied, 
with  leave  to  proceed  for  the  residue.  The  defendant,  may,  by  rule, 
require  the  plaintiff  to  reply,  under  oath  or  affirmation,  to  the  state- 
ments set  forth  in  the  affidavit  of  defense,  and  after  the  replication 
has  been  filed  may  move  for  judgment  on  the  whole  record. 

Sec.  19,  Act  of  June  4,  1901,  P.  L.  364. 
See  section  1719  with  notes. 
The  "five  per  cent  fee  for  collection  to  plaintiff's  attorney,  not   exceeding, 

however,    twenty   dollars."    are   solicitor's   fees ;    the   title   to   which   is   in    the 

municipality  and  not  in  the  attorney  at  all  :     Pittsburgh  r.  O'Brien,  239  Pa. 

CO,  affirming  60  P.  L.  J.  5Jt5. 


295 

Where  the  record  shows  a  municipality  proceeds  to  curb  and  pave  a  side- 
walk, after  bringing  ii  down  to  proper  grade,  without  giving  the  property 
owner  an  opportunity  to  do  it,  the  owner  can  ask  for  a  judgmenl  on  the  whole 
record:    Chester  City  v.  Lane,  Nos.  /,  .'.  •-',   ),  ..",  Super.  Ct.  859-8611  368  369. 

A  scire  facias  sur  municipal  claim  lakes  the  place  of  a  statement  ami  the 
defendant  must  file  an  affidavit  of  defense  to  it  to  prevent  judgment  from 
being  taken  against  him:     Oil  City  v.  Kartioell,  Ui',  I'd.  348. 

10011.  Tax  claims  and  municipal  claims  shall  be  prima  facie  evi 
deuce  of  the  facts  averred  therein  in  all  cases;  and  the  averments  in 
both  tax  and  municipal  claims  shall  be  conclusive  evidence  of  the 
facts  averred  therein,  except  in  the  particulars  in  which  those  aver- 
ments shall  be  specifically  denied  by  the  affidavit  of  defense,  or 
amendment  thereof  duly  allowed.  A  compulsory  nonsuit,  upon  trial, 
shall  be  equivalent  to  a  verdict  for  defendant,  whether  the  plaintiff 
appeared  or  not.  If  plaintiff  recovers  a  verdict,  upon  trial,  in  excess 
of  the  amount  admitted  by  the  defendant  in  his  affidavit  of  defense 
or  pleadings,  he  shall  be  entitled  to  an  attorney's  fee  for  collection, 
equal  to  five  per  centum  of  such  excess,  but  not  exceeding  fifty 
dollars. 

See.  20,  Act  of  June  4,  1901,  P.  L.  364,  as  amended  by  Sec.  G,  Act  of 
May  28,   3915,    P.    L.   599. 

See  section   1690   with   notes. 

The  rule  that  in  the  absence  of  a  rule  of  court  the  affidavit  of  defense  when 
it  has  presented  a  summary  judgment  has  performed  its  whole  office  and 
is  not  before  the  court  on  the  trial  unless  put  in  evidence  as  an  admission 
against  the  party  making  it  is  unaffected,  except  when  facts  are  averred  in 
the  lien,  and  not  denied  in  the  affidavit  of  defense :  City  of  York  v.  Miller, 
25/f  Pa.  436,  affirming  60  Super.  Ct.  £07,  reversing  28  York  17. 

On  the  trial  of  a  scire  facias  sur  municipal  lien  for  paving,  where  the 
municipality  offers  the  lien  as  prima  facie  evidence,  and  the  lien  recites 
the  acts  and  ordinances  under  which  the  work  was  done,  the  municipality 
is  not  required  to  offer  the  ordinances  in  evidence,  if  the  affidavit  of  defense 
does  no)  challenge  the  authority  of  the  municipality  to  make  the  improvement 
under  the  ordinances  or  deny  that  such  ordinances  imposed  the  cost  on  the 
abutting  owners:  York  City  v.  Holtzapple,  67  Super.  Ct.  596,  affirming 
7   Leh.  193,  30  York  t7S. 

Upon  motion  to  strike  off  municipal  lien  for  sewer  on  ground  that  lien 
is  for  something  more  than  cost  of  construction  of  sewer,  and  which  is 
not  separately  valued,  court  is  bound  to  consider  only  averment  in  lien, 
and  if  it  conforms  to  act  of  Assembly,  lien  will  not  be  stricken  off: 
Prospect  Park  Borough  r.  Duhring,   1  /  Del.  ■US. 

Where  a  lieu  avers  that  the  amount  of  the  claim  is  the  cost  of  constructing 
the  sewer  in  front  of  the  defendant's  property  (in  which  were  included 
incidental  expenses,  advertising,  engineer's  service  and  like  charges.)  This 
averment  in  the  claim  is  made  prima  facie  evidence  '.Prospect  Park  Borough 
v.  Wyndham  8  M.  L.  R.  55,  s.  c.  14  Del.  117. 

A  claim  conforming  to  the  requirements  of  the  law  makes  it  evidence  of  the 
facts  thus  necessarily  averred,  and  it  is  not  incumbent  on  the  plaintiff 
in  the  presentation  of  its  case  in  chief,  to  disprove  allegations  of  the 
affidavit  of  defense:  Somerset  Borough  v.  Sweitzer,  54  Super,  ct.  288; 
Allentuun,    lo    use,    r.    Aekerman,   .(?    Super.    Ct.   .Hi.!,   affirming    '    Leh.    286. 


29(5 

The  property  which  directly  abuts  on  a  public  si  reel  is.  under  our  statutes, 
subject  to  the  charge  for  the  construction  and  maintenance  of  the  sidewalk 
directly  in  fronl  thereof,  without  regard  to  whether  the  owner  of  that 
property  is  also  possessed  of  the  fee  in  tin-  land  over  which  the  street  is 
located,  so  that  an  averment  in  the  affidavit  of  defense  that  the  pavement 
is  not  upon  the  property  of  the  defendant,  hut  upon  the  property  of  the 
city,  is  immaterial.  Likewise  the  affidavit  of  defense  is  insufficient  which 
avers  that  the  municipality  had  adopted  a  plan  which  if  carried  into  effect 
by  proper  municipal  action  would  result  in  the  widening  of  the  highway  ;  or 
which  axei's  that  the  pavement  was  not  constructed  according  to  the  ordin- 
ance, and  fails  to  state  in  what  respect  the  construction  departed  from 
the  provisions  of  the  ordinance;  or  which  avers  (when  the  property  was 
located  at  the  corner  of  two  streets),  that  the  claim  was  "not  apportioned  to 
the  several  pavements  on  the  said  street.*'  where  there  is  no  allegation  that 
the  land  against  which  the  claim  was  filed  was  not  a  single  property:  )'ork 
citi/  v.  Beitsel,   ',)  Super.  Ct.  194,  reversing  21  York  100,  2  Lch.  315. 

A  municipal  claim  filed  which  contains  an  averment  of  all  the  matters 
required  by  this  statute  serves  as  a  statement  and  the  averments  are  made 
conclusive  evidence  by  the  above  section,  of  the  facts  averred  therein,  except 
in  tin'  particulars  in  which  these  averments  may  be  specificially  denied  by 
affidavits  of  defense.  It  would  seem  to  follow,  therefore,  that  only  such 
defenses  may  be  made  to  that  statement  of  claim  as  the  Legislature  has 
provided  :  Berwick  Borough  r.  Bponsler  <i  al.,  11  M.  1j.  /'.  238,  s.  c.  20 
Luz.  L.  R.  399. 

1700.  The  judgment  upon  such  claim  may  be  revived  by  writ  of 
scire  facias  in  the  following  form:  The  Commonwealth  of  Pennsyl- 
vania, to  C.  1).  and  E.  F., 

Greeting: 

Whereas,  A.  B.,  claimant,  on  the day  of , 

A.  1).  1 ,  recovered  judgment  in  the  sum  of .  .  . 

dollars,  against  you,  that  the  following  described  property  be  sold 
to  satisfy  the  same: 

(Here  describe  the  property  in  full.) 

And  whereas,  we  have  been  given  to  understand  that  though  judg- 
ment, as  aforesaid,  was  rendered,  yet  the  amount  thereof  is  still  due 
and  unpaid,  and  remains  as  a  lien  against  said  property:  Now,  you 
are  hereby  notified  to  file  your  affidavit  of  defense  In  A.  B.'s  claim 
upon  said  judgment,  it  any  defense  yon  have,  in  the  office  of  the  pro- 
thonotary  of  our  said  court,  within  fifteen  days  after  service  of  this 
writ  upon  you.  If  no  affidavit  of  defense  be  bled  within  that  time, 
said  judgment  may  be  revived  against  you  for  the  amount  set  forth 
with  interest  from  the  lime  of  its  recovery,  and  said  property  be  sold 
to  recover  the  whole  thereof. 

Witness  the  Hon ,  President  Judge  of  our 

said  court,  this day  of ,  A.  D.  1 

( Seal. )    Prothonotary. 


297 

But  the  parties  to  the  judgment  may  agree  upon  an  amicable  scire 
facias  to  revive,  or  to  an  amicable  judgment  of  revival,  upon  such 
terms  as  may  be  agreed  upon,  wiili  the  same  effect  as  if  a  scire  facias 
in  the  form  aforesaid  had  heen  duly  issued,  served  and  returned. 

Sec.  21,  An   of  June    1.   1901,   P.  L.  364. 

A  municipal  claim,  filed  before  the  passage  of  the  Art  of  June  1.  1901, 
I'.  I,.  364,  for  Hie  cusi  nf  removing  n  nuisance  from  :i  l<>t  and  nol  revived 
under  the  law  ;ts  it  then  stood,  the  scire  facias  nol  having  been  sprved  and 
prosecuted  to  judgmenl  within  five  years  from  the  date  of  the  filing  of  the 
claim,  the  lien  has  been  lost"  and  nil  subs  n_uen1   proceed  ere  ,-i   nullity: 

City  of  Phila.   v.   Elliott,  23  D.  R.  67,.*. 

1701.  Said  writ  of  scire  fa -ias  shall  be  served,  and  me  proceed- 
ings thereon  shall  be  conducted,  as  to  persons  who  are  found  by  the 
sheriff,  in  the  manner  hereinbefore  provided  for  the  original  scire 
facias  sur  claim;  but,  in  any  and  all  events,  two  returns  of  nihil 
habet  to  the  writs  to  revive  shall  he  equivalent  to  personal  service 
upon  the  defendants.  The  practice  and  procedure  following  said 
scire  facias  to  revive,  so  far  as  applicable,  shall  be  the  same  as  in 
the  case  of  the  original  scire  facias  to  collect  the  claim. 

Sec.  22,  An  of  June  -1.  1901,  1'.  L.  364,  as  amended  by  So'.  7.  Art  of  May 
28,  1915,  P.  L.  599. 

1702.  The  practice  and  procedure  following  said  scire  facias  to 
revive,  so  far  as  applicable,  shall  he  the  same  as  in  the  case  of  the 
original  scire  facias  to  collect  the  claim. 

Sec.  23.  Act  of  June  4,  1991,  I'.  L.  364. 

1703.  All  judgments  for  the  plaintiff,  whether  on  the  original 
scire  facias  or  any  scire  faciac  to  revive,  shall  be  de  terris  only,  and 
shall  he  recovered  out  of  the  property  hound  by  the  lien,  and  not 
otherwise;  but  the  costs,  whether  as  against  the  plaintiff,  or  the  de- 
fendant actually  defending  against  the  claim,  may  he  recovered  by 
execution  as  in  personal  actions. 

Sec.  24,  Art  of  June  4,  1901,  I'.  L.  364. 

1704.  After  the  expiration  of  twenty  days  from  the  recovery  of 
judgment,  whether  on  the  original  scire  facias  or  any  scire  facias  to 
revive,  except  in  cases  where  the  property  named  is  essential  to  the 
business  of  a  quasi  public  corporation,  the  court  shall,  upon  the  peti- 
tion of  the  plaintiff,  appoint  a  sequestrator  of  the  rents,  issues  and 
profits  of  the  property  bound  by  the  judgment,  unless  in  the  mean- 
time an  appeal  he  taken,  and  approved  security  given  to  operate  as  a 
supersedeas.  If  the  owner  against  whom  the  judgment  is  entered  he 
in  possession  of  the  property  sequestered,  or  the  party  in  possession 
refuse  to  pay  a  fair  rent,  the  court  shall;  upon  petition  tiled  and 
served,  grant  a  rule.  and.  if  it  be  made  absolute,  award  a  writ  in  the 


298 

nature  of  a  writ  of  habere  facias  possessionem,  directed  to  the  owner, 
commanding  him  to  deliver  such  possession  to  the  sequestrator  with- 
in fifteen  days  thereafter,  unless  such  property  be  occupied  by  the 
owner  and  his  family  for  a  home,  in  which  case  he  shall  be  entitled 
to  retain  possession  for  a  period  of  three  months  from  the  time  the 
petition  was  served  upon  him. 

Sec.  25,  Act  of  June  4,  1901,  P.  L.  364. 

1705.  Every  claim  fil<-<],  scire  facias  issued,  verdicl  recovered  and 
judgment  entered,  in  accordance  with  the  provisions  of  this  act,  shall 
be  docketed  in  appropriate  dockets,  and,  except  as  herein  provided, 
shall  be  entered  upon  the  judgment  index  of  the  court,  iWhen  a 
claim  is  stricken  off  or  satisfied,  the  name  of  a  defendant  stricken 
out,  a  scire  facias  discontinued  or  quashed,  or  a  verdict  or  judgment 
stricken  off  or  satisfied,  a  note  thereof  shall  be  made  on  such  docket 
or  dockets;  Provided,  however,  That  in  counties  in  which  the  filing 
of  liens  for  county  taxes  was  authorized  by  law  prior  to  the  passage 
of  the  act  of  one  thousand  nine  hundred  and  one,  aforesaid,  the 
method  of  filing,  entering,  docketing,  and  indexing  liens,  for  county, 
road,  poor,  school,  borough,  school  building,  township,  and  other 
taxes  assessed  in  boroughs  and  townships,  in  such  counties,  shall 
remain  and  be  continued  thereafter,  in  the  same  manner  and  form 
as  in  use  prior  to  the  passage  of  the  said  act,  approved  June  fourth, 
one  thousand  nine  hundred  and  one,  notwithstanding  the  passage  of 
the  same. 

See.  26,  Act  of  June  4,  1901,  P.  L.  364,  as  amended  by  Sec.  1,  Act  of 
April  3,  1903,  P.  L.  152. 

Sec  notes   to   sect  inn   1706 

Where  a  municipal  lien  was  indexed  in  the  name  of  "Albert  J.  Foehl," 
instead  of  "J.  Albert  Foehl,"  defendant's  correct  name,  and  there  was  no 
locality  index,  a  purchaser  of  the  defendant's  property,  without  actual  notice 
of  the  lien,  takes  it  free  of  the  lien  :  Lancaster  City  v.  Foehl,  39  Pa.  C.  C. 
J,9'h  s.  c.  29  Lane.  l'f7,  21  D.  R.  858. 

1706.  II  shall  be  the  duty  of  the  prothonotaries  of  the  courts  of 
common  pleas  to  keep  a  locality  index,  in  which  shall  be  entered  all 
lax  or  municipal  claims  hereafter  filed,  and  upon  any  written  order 
therefor  they  shall  give  a  certificate  of  search,  showing  all  the 
claims  filed  against  any  property.  For  so  doing  they  shall  receive 
the  sum  of  twenty-five  cents,  and  five  cents  additional  for  each  claim 
certified,  and  no  more. 

Sec.  27,  Act  of  June  4,  1901,  P.  L.  364. 

See   notes    In    Section    1705. 

The  prothonotary  is  entitled  to  a  fee  of  twenty-five  cents  for  entering  upon 
the  locality  index:  Zimmerman  r.  Reading,  18  D.  R.  1911,  s.  c.  1  Berks 
1 1 ',.  22  York  131. 


299 

The  direction  of  the  prothonotary  to  keep  ;i  locality  index  is  mandatory, 
and  it"  ;i  locality  index  is  nol  kepi  in  the  county,  and  a  municipal  lien  for 
improvements  is  entered  in  the  wrong  name  in  the  proper  indexes,  a 
purchaser  of  the  property  assessed,  without  actual  notice  of  the  lien,  takes 
ii  free  of  the  lien:     Apollo  Borough  v.  Clepper,   ))  Super.  Ct.  •  >'.%'. 

The  neglecl  of  the  prothonotarj  to  enter  a  municipal  lien  for  assessments 
in  Mechanic's  Lien  Docket,  as  formerly  required  by  Section  1705,  and  in 
the  locality  index,  as  required  by  this  section,  does  nol  invalidate  a  municipal 
Ih  a  for  assessments  for  benefits  to  property  as  between  the  parties,  nor 
absolutely  hat-  recovery  upon  the  scire  facias  issued  upon  the  lien:  Erie 
City  v.  Willis,  26  Super.  Ct.  Jf59.       • 

1707.  At  any  lime  before  the  property  is  sold,  approved  security 
may  be  entered  for  a  stay  of  proceedings  until  the  expiration  of  one 
year  after  the  date  of  filing  the  claim.  The  entry  of  such  security  by 
the  owner,  before  the  entry  of  judgment  on  the  claim,  shall  be  equiv 
alent  to  an  admission  by  him  that  the  property  is  liable  for  the 
claim.  After  the  stay  lias  expired  the  claimant  may  proceed  upon 
the  claim  and  the  bond  given,  separately  or  simultaneously. 

Sec.  28,  Ad  of  June  4,  1901,  P.  L.  364. 

L708.  Execution  upon  any  judgment  recovered  upon  any  such 
claim,  except  where  the  property  named  is  essential  to  the  business 
of  a  quasi-public  corporation,  shall  be  by  writ  of  levari  facias,  in  the 
following  form: 

The  Commonwealth  of  Pennsylvania: 

To  the  Sheriff  of County,  Greeting: 

Whereas.   A.   B.,   claimant,   on   the day   of 

Anno  Domini,   1 ,  recovered  judgment  in  the  sum  of 

dollars,  with  interest  from  the day  of 

Anno    Domini     1 ,   and    the   costs 

amounting  to dollars,  in  our  court  of  common  pleas 

of  said  county  of ,  Term No 

M.   L.   D.  against  C   D.  and  E.    F..   that  the   following  described 
property  in  your  bailiwick  be  sold  to  satisfy  the  same,  viz: 

i  Here  describe  the  property  in  full.) 

Now.  this  is  to  command  you  that  you  expose  the  said  property  to 
sale  by  public  vendue  and  outcry,  after  due  advertisement  according 
to  law,  and  that  return  of  said  sale,  with  the  moneys  realized  thereby 

and  this  writ,  you  make  to  our  said  court  on  ihe  day  of 

Anno  1  )omini  1 

Witness  the  Honorable ,  president  judge 

of  our  said  court,  this day  of , 

Anno  Domini  1 . '. 


300 

r 

Advertisement  of  such  sale  shall  he  made,  and  the  deed  to  the  pur- 
chaser shall  be  executed,  acknowledged  and  delivered,  as  in  other 
real  estate  sales  by  the  sheriff. 

Sec.  29,  Act  of  .Tun«>  4,  1901,  P.  L.  364. 

1700.  The  plaintiff  in  any  judgment  recovered  on  a  tax  or  munici- 
pal claim  may,  upon  paying  the  sheriff's  costs,  fix  an  upset  price  to 
be  realized  at  any  sale  under  such  judgment,  sufficient  to  pay  all 
taxes  and  municipal  claims,  and  all  accrued  but  unfiled  taxes  and 
claims,  in  full.  No  sale  shall  be 'made  on  a  judgment  recovered  on  a 
tax  or  municipal  claim  except  for  a  sum  sufficient  to  pay  all  taxes 
and  municipal  claims  in  full,  except  as  hereinafter  provided,  and  the 
plaintiff  in  such  judgment  may  purchase  the  property  at  such  sale, 
for  that  sum,  if  no  one  bids  a  higher  price  therefor. 

Sec.  30,  Act  of  June  4,  1901,  P.  L.  364,  as  amended  by  Sec.  8.  Act  of  May 
28,  1915,  P.  L.  599. 

1710.  Where  judgment  is  recovered  upon  any  claim,  the  property 
named  in  which  is  essential  to  the  business  of  a  quasi  public  corpora- 
tion, the  claimant  shall  have  execution  thereupon  as  in  other  cases 
of  judgments  against  such  corporations.  Upon  the  distribution  of 
any  fund  realized  by  a  sale  of  the  franchises,  and  the  whole  or  any 
part  of  the  assets  of  the  corporation,  the  court  shall  determine  the 
actual  value  of  the  property  bound  by  the  lien,  and  the  .claim  shall 
be  preferred  with  such  other  claims,  to  the  extent  of  the  value  thus 
determined. 

Sec.  31,  Act  of  June  4,  1901,  P.  L.  364. 

1711.  The  lien  of  a  tax  or  a  municipal  claim  shall  not  be  divested 
by  any  judicial  sale  of  the  property  liened,  where  the  amount  due 
is  indefinite  or  undetermined,  or  where  the  same  is  not  due  and  pay- 
able; nor  shall  the  lien  of  a  tax  or  municipal  claim  be  divested  by 
any  judicial  sale  of  the  property  liened,  as  respects  so  much  thereof 
as  the  proceeds  of  such*  sale  may  be  insufficient  to  discharge;  nor, 
except  as  hereinafter  provided,  shall  a  judicial  sale  of  the  property 
liened,  under  a  judgment  obtained  on  a  tax  or  municipal  claim,  dis- 
charge the  lien  of  any  other  tax  or  municipal  claim  than  that  upon 
which  said  sale  is  had,  except  to  the  extent  that  the  proceeds  realized 
are  sufficient  for  its  payment,  after  paying  the  costs  and  expenses  of 
the  sale,  and  of  the  writ  upon  which  it  was  made,  and  any  other 
prior  tax  or  municipal  claims  to  which  the  fund  may  first  be  appli- 
cable. On  any  such  sale  being  made  all  tax  claims  shall  lie  paid  out 
of  the  proceeds  Ihereof:  first,  the  oldest  tax  having  priority;  and 
municipal  claims  shall  be  paid  next,  the  oldest,  in  point  of  lien  having 
priority.  Mortgages,  groundrents,  and  other  charges  on  or  estates 
in  the  property  which  were  recorded,  or  created  where  recording  is 


30] 

not  required,  before  any  tax  other  thai]  for  the  current  year  accrue, 
or  before  the  actual  doing  of  the  work  in  front  of  or  upon  the  parti- 
cular property  for  which  the  municipal  claim  is  filed,  sluill  not  be 
disturbed  by  such  sale  unless  a  prior  lien  is  also  discharged  thereby. 
In  case  the  properly  be  not  sold  fur  a  sum  sufficient  to  pay  all  taxes 
and  municipal  claims,  together  with  the  costs  thereon,  the  plaintiff 
in  any  such  claim  may  postpone  the  sale,  without  payment  of  costs, 
and  tile  his  petition  setting  forth  that  more  than  one  year  has 
elapsed  since  the  tiling'  of  his  claim  ;  that  he  has  exposed  the  property 
to  sheriff's  sale  thereunder,  and  was  unable  to  obtain  a  hid  sufficient 
to  pay  the  upset-price  in  full;  and,  if  a  municipal  claimant  other 
than  a  municipality,  that  he  will  bid  sufficient  to  pay  the  upset  price, 
and  upon  the  production  of  searches  or  a  title  insurance  policy  show- 
ing the  state  of  the  record  and  the  ownership  of  the  property,  and  of 
all  tax  and  municipal  claims,  mortgages,  groundrents.  or  other 
charges  on  or  estates  in  the  land,  the  court  shall  grant  a  rule  upon 
all  parties  thus  shown  to  he  interested  to  appear  and  show  cause 
why  a  decree  should  not  be  made  that  said  property  ho  sold,  freed 
and  cleared  of  their  respective  claims,  mortgages,  charges,  and  es- 
tates. Tf,  upon  a  hearing  thereafter,  the  court  is  satistied  that  serv- 
ice has  been  made  of  said  rule  upon  the  parties  respondent,  in  the 
manner  provided  in  the  act  to  which  this  is  an  amendment  for  the 
service  of  writs  of  scire  facias  to  obtain  judgments  upon  tax  and 
municipal  claims,  and  that  the  facts  stated  in  the  petition  be  true,  it 
shall  order  and  decree  that  said  property  be  sold  at  a  subsequent 
sheriff's  sale  day,  to  be  fixed  by  the  court  without  further  advertise- 
ment, clear  of  all  claims,  liens,  mortgages,  charges,  and  estates,  to 
the  highest  bidder  at  such  sale;  and  the  proceeds  realized  therefrom 
shall  be  distributed  in  accordance  with  the  priority  of  such  claims; 
and  the  purchaser  at  such  sale  shall  take,  and  forever  thereafter 
have,  an  absolute  title  to  the  property  sold,  free  and  discharged  of 
all  tax  and  municipal  claims,  liens,  mortgages,  charges,  and  estates 
of  whatsoever  kind,  subject  only  to  the  right  of  redemption  as  pro- 
vided  by  law. 

Any  person  interested  may.  at  any  time  before  the  sale,  pay  the 
petitioner  the  whale  of  his  claim,  with  interest  and  costs,  where- 
upon the  proceedings  on  petition  shall  at  once  determine. 

For  the  purpose  of  enabling  the  petitioner  in  any  such  proceeding 
to  give  the  notice  required,  he  may  take  the  testimony  of  the  defend- 
ant in  the  claim,  or  of  any  other  person  whom  he  may  have  reason  to 
believe  has  knowledge  of  the  whereabouts  of  any  of  the  parties  re- 
spondent, either  by  deposition,  commission,  or  letters  rogatory. 

Any  county,  municipality,  township,  or  school  district,  being  a 
claimant,  shall  have  the  right,  and  is  hereby  empowered,  to  bid  and 
become  the  purchaser  of  the  property  at  such  sale;  and  while  the 


302 

said  property,  so  purchased,  is  held  and  owned  by  either  a  county 
or  a  municipality,  township  or  school  district,  it  shall  not  be  sub- 
ject to  tax  claims,  unless  it  be  redeemed  by  the  former  owner  or  other 
person  having  the  right  to  redeem,  as  provided  by  the  act  to  which 
this  is  an  amendment.  If,  however,  a  county,  municipality,  township, 
or  school  district  shall  become  the  purchaser  at  said  sale,  the  former 
owner  or  other  person,  desiring  to  redeem,  shall  pay  all  taxes  and 
municipal  claims  accrued  and  chargeable  against  the  property  prior 
to  the  sale  thereof,  together  with  the  costs  and  interest  thereon,  and 
also  all  taxes  and  claims,  whether  filed  or  not,  which  would  have 
accrued  and  become  chargeable  against  the  property  had  the  same 
been  purchased  at  the  sale  by  some  party  other  than  the  county,  city, 
or  other  municipal  division. 

Upon  the  delivery  by  the  sheriff  of  a  deed  for  any  property  sold 
under  a  tax  or  municipal  claim,  the  judgment  upon  which  such  sale 
was  had  shall  thereupon  and  forever  thereafter  be  -final  and  con- 
clusive as  to  all  matters  of  defense  wdiich  could  have  been  raised  in 
the  proceeding,  including  payment,  and  no  error  or  irregularity  in 
obtaining  or  entering  of  such  judgment  shall  affect  the  validity 
thereof. 

Sec.  32,  Act  of  June  4,  1901,  P.  L.  364,  as  amended  by  Sec.  9,  Act  of  May 
28,  1915,  P.  L.  599. 

See  sections  1682,  1683,  1720,  with  notes. 

Where  property  failed  to  bring  the  amount  of  a  municipal  claim  at  a 
judicial  sale,  such  municipal  lien  will  be  preserved  from  divestiture,  unless 
tin'  sale  is  on  the  municipal  lien  itself.  This  section  does  not  have  the  effect 
of  preserving  a  municipal  lien  against  the  property  sold  upon  such  lien,  as 
the  act  provides  a  remedy  if  the  bid  is  insufficient  to  pay  the  claim : 
Wainright,  Jr.,  v.  Mooney,  64  P.  L.  J.  267,  s.  c.  Ut  Del.  66. 

The  provisions  that  the  lien  of  a  tax  or  municipal  claim  will  not  be  divested 
by  judicial  sale  as  respects  so  much  thereof  as  the  proceeds  of  such  sale  may 
be  insufficient  to  discharge,  applies  to  a  sale  on  mortgage  executed  and  record- 
ed prior  to  the  approval  of  the  act  containing  this  provision,  and  taxes 
assessed  subsequent  to  the  passage  of  that  act  and  of  the  Act  of  June  4,  1901, 
P.  L.  364,  are  not  divested  by  a  judicial  sale  on  such  a  prior  mortgage: 
Clinton  County  v.  Harrisourg  Trust  Co.,  39  Pa.  C.  C.  Jt98,  s.  c.  21  D. 
R.  760. 

Under  the  Act  of  May  23,  1889,  P.  L.  277,  a  city  of  the  third  class  having 
filed  a  lien  for  paving  subsequent  to  the  lien  of  a  judgment  creditor,  and 
the  property  against  which  the  liens  were  filed  having  been  sold  by  judicial 
process,  if  the  proceeds  of  the  sale  being  applied  to  the  liens  in  their  order 
reaches  and  pays  part  of  the  municipal  lien  it  will  be  discharged  to  the  ex- 
tent of  the  payment ;  otherwise  it  remains  a  lien  that  cannot  be  divested  by 
any  judicial  sale  except  a  sale  on  an  execution  by  proceeding  on  the  lien  it- 
self:  Morris  v.  Ilainer,  16  Pa.  C.  C.  >,68;  s.  c.  h  D.  R.  635,  J,3  P.L.  .J.  O.  S. 
133. 

1712.  The  owner  of  any  property  sold  under  a  tax  or  municipal 
claim,  or  his  assignees,  or  any  party  whose  lien  or  estate  has  been 


•I,,-. 
.  ill.  > 

discharged  thereby,  may  redeem  the  same  at  any  time  within  one 
year  from  the  date  of  the  acknowledgement  of  the  sheriff's  deed  there 
for,  upon  paymenl  of  il'('  amonnl  bid  ai  such  sale;  the  cost  of  draw 
iug,  acknowledging  and  recording  the  sheriff's  deed;  the  amount  of 
all  taxes  and  municipal  claims,  whether  or  not  entered  as  liens,  it' 
actually  paid  the  principal;  and  interest  of  estates  and  encum- 
brances, not  discharged  by  the  sale  and  actually  paid  ;  the  insurance 
upon  the  property,  and  other  charges  and  necessary  expenses  on  the 
property,  actually  paid,  less  rents  or  other  income  therefrom,  and  a 
sum  equal  to  interest  at  the  rate  of  ten  per  centum  thereon,  from  the 
time  of  each  of  such  payments.  If  both  owner  and  creditor  desire  to 
redeem,  the  owner  shall  have  the  right  so  to  do  only  in  case  he  pays 
the  creditor's  claim  in  full.  If  more  than  one  creditor  desires  to 
redeem,  the  one  who  was  lowest  in  lien  at  the  lime  of  sale  shall 
have  the  prior  right,  upon  payment  in  full  of  the  claim  of  the  one 
higher  in  lien.  Within  the  year,  one  who  was  lower  in  lien  may 
redeem  for  (from)  one  higher  in  lien  who  has  already  redeemed, 
and  the  owner  may  redeem  from  him;  and  so  on  throughout,  in 
each  case  by  paying  the  claim  of  the  one  whose  right  was  higher; 
and  one  higher  in  lien  may  redeem  from  one  lower  in  lien,  unless 
his  claim  is  paid;  but  in  each  case  the  right  must  be  exercised  with- 
in the  year.  Any  person  entitled  to  redeem  may  present  his  petitiop 
to  the  proper  court,  setting  forth  the  facts,  and  his  readiness  to  pay 
the  redemption  money;  whereupon  the  court  shall  grant  a  rule  to 
show  cause  why  the  purchaser  should  not  reconvey  to  him  the  prem- 
ises sold :  and  if,  upon  hearing,  the  court  shall  be  satisfied  of  the 
facts,  it  shall  make  the  rule  absolute,  and  upon  payment  being  made 
or  tendered,  shall  enforce  it  by  attachment. 
Sec.  .".3,  Act  of  June  4,  1901,  I'.  L.  364. 

L713.  Any  claim,  tiled  or  to  be  tiled,  under  the  provisions  of  this 
act,  and  any  judgment  recovered  thereon  may  be  assigned  or  trans- 
ferred to  a  third  party,  either  absolutely  or  as  collateral  security, 
and  such  assignee  shall  have  all  the  rights  of  the  original  holder  there- 
of. Where  the  claim  has  been  paid  in  full  by  one-  of  the  several 
defendants  therein,  whether  originally  named  ;is  such  or  allowed  to 
intervene  and  defend,  it  shall  be  satisfied  of  record  as  to  him,  and 
marked  to  his  use  as  against  the  other  defendants,  pro  rata,  accord- 
ing to  their  respective  interests  in  the  property  bound  by  the  claim. 

Sec.  34.  Act  of  June  4.  1001.  P.  T,.  364: 

1714.  Any  claim,  petition,  answer,  replication,  scire  facias. 
affidavit  of  defense,  or  other  paper  tiled  of  record,  may  be  amended 
from  time  to  time,  by  agreement  of  the  parties  or  by  leave  of  the 
court,  upon  petition  for  that  purpose,  under    oath    or    affirmation, 


304 

setting  forth  The  amendment  desired,  that  the  averments  "therein 
contained  are  true  in  fact,  and  thai  by  mistake  they  wore  omitted 
from  or  wrongfully  staled  in  the  particulars  as  to  which  the  amend- 
ment is  desired.  Such  amendments  shall  be  of  right,  saving  interven- 
ing lights,  except  that  no  amendment  of  the  claim  shall  be  allowed, 
after  the  time  for  its  tiling  has  expired,  which  undertakes  to 
substitute  an  entirely  different  property  from  that  originally 
described  iu  the  claim-  but  the  description  of  the  property  may  be 
amended  so  as  to  be  made  more  accurate,  as  in  other  cases  of  amend- 
ment. The  court  may,  for  cause  shown  and  filed  of  record,  enlarge 
the  time  for  riling  the  affidavit  of  defense,  answer  or  replication,  for 
issuing  a  scire  facias  or  for  entering  security,  by  rule  or  special  or 
standing  order;  and  any  judgment  by  default  may  be  opened  by  the 
court,  upon  cause  shown  by  interveners  or  other  defendants,  as  in 
other  cases;  but  no  enlargement  of  the  time  for  issuing  a  scire 
facias  shall  extend  the  same  beyond  the  time  herein  provided  for 
preserving  or  retaining  the  lien  thereof. 

Sec.  35^-Aet  of  June  4,  1901,  P.  L.  364. 

A  lien  cannot  be  amended  after  motion  made  to  strike  it  off,  one  and  one- 
half  years  after  filing:    Freeport  Borough  v.  Miller  Estate,  3't  Super.  Ct.  395. 

The  court  will  not  permit  a  lien  to  be  amended  after  the  expiration  of 
eight  years  from  the  time  the  claim  was  filed  :  Philadelphia  v.  Lewis,  '/O 
Pa.  C.  C.  698.  Contra — "There  is  no  limitation  as  to  the  time  of  making 
amendments,  and  the  reasonable  presumption  is  the  act  intended  that  proper 
amendments  can  be  made  at  any  time  during  the  existence  of  the  lien  or 
course  of  the  trial ;"  and  this  is  so  even  after  the  time  for  filing  the  lien  lias 
expired,  except  where  the  amendment  undertakes  to  substitute  an  entirely 
different  property :     McDonald  Borough  v.  Williams,  Jtl  Pa.  C.  C.  157. 

A  lien  may  be  amended  after  verdict,  and  any  time  before  judgment  so 
as  to  exclude  therefrom  land  improperly  included  therein:  Borough  of  Dor- 
mont  r.  Mount  Washington  Street  Railway  Company,  No.  1,  63  P.  L.  J.  556. 

If  the  lien  does  not  meet  all  the  requirements  of  Section  11  of  this  act, 
it  may  be  amended  in  accordance  with  the  facts:  Adamstown  Borough  r. 
Hartman,  36  Lane.  L.  R.  73,  s.  c.  10  M.  L.  R.  17',,  33  York  >,8,  67  P.  L.  J. 
5J,5. 

A  sheriff's  return  may  always  be  amended  so  as  to  conform  to  the  truth 
unless  some  new  right  has  arisen  in  the  meantime  founded  upon  the  defective 
return — and  such  amendment  cannot  be  attacked  in  a  collateral  proceeding  : 
Moloney  v.  Simpson,  226  Pa.   }?9. 

Where  a  borough  files  a  lien  against  a  property  for  curbing,  but  the  lien 
misstates  the  number  of  the  ordinance  under  which  the  improvements  were 
authorized,  and  the  mistake  is  not  noticed  either  in  the  proceedings  to  strike 
off  the  lien  or  at  the  first  trial,  but  is  noticed  at  the  second  trial  after  the 
proper  ordinance  had  been  put  in  evidence,  and  objection  is  then  made,  it 
is  the  duty  of  the  trial  court  to  permit  the  lien  to  be  amended  so  as  to  show 
the  true  number  of  the  ordinance  in  accordance  with  the  proofs :  Alliance 
Borough  v.  Schwartz,  58  Super.  Ot.  J/'/S,  reversing  13  North.  G.  R.  3V,  s. 
c.  1,  M.  L.  R.  97. 


305 

A  motion  to  amend  a  municipal  lien  after  verdici  to  exclude  certain  land 
will  be  refused  where  mistake  is  iiol  alleged:  Borough  oj  Dormoni  v.  Mount 
Washington  Street  Railway  Company,  No.  2,  63  /'.  /..  ■/.  557. 

An  amendmenl   to  a  municipal  lien  whereby  it  is  intended  to  exclude  cer- 
tain land  after  a  special  verdici   has  been  returned  in  favor  of  the  plaintiff 
is  nui   necessarj  :     Borough  oj   Dormont,   v.  Mount   Washington  Street  Rail 
way  Company,  No.  ■!,  ti->  /'.  /..  ■/.  558. 

A  municipal  lien  which  fails  to  sel  forth  the  authority  on  which  it  is  based 
or  that  proper  notice  was  given  to  the  defendanl  as  required  in  S<-«-t ii »n  1690 
may  be  corrected  l>.\  amendmenl  under  oaili  or  animation:  City  oj  Lancas- 
ter v.   Haller,  35   Lane.   L.   R.  .''7,  2"t    I).  /,'.  803. 

An  owner  of  real  estate  against  which  a  lieu  for  municipal  improvements 
should  have  been  filed,  bul  which  is  filed  against  other  land,  may  consent  to 
an  amendment  of  the  lien  by  which  the  amount  thereof  is  chargeable  against 
his  property,  without  first  securing  the  consent  of  the  holder  of  a  mortgage 
whose  lien  antedates  that  of  the  municipal  claim.  The  provisions  "saving 
intervening  rights,"  is  for  the  protection  and  benfit  of  the  property  owner, 
and  those  who  acquire  rights  in  the  property  after  the  filing  of  a  lien  er- 
roneously described,  and  who  were  misled  thereby:  Dunlevy  Trustee,  for 
use,  etc.,  v.  Hell,  til  /'.  /..  •/.  259. 

Where  a  municipality  liles  a  municipal  lien  for  a  specific1  sum,  being  the 
costs  of  abating  a  nuisance,  and  improperly  includes  two  other  items  each  for 
a  specific  amount  for  which  it  had  no  right  of  li<)n  (the  lien  not  being  for 
the  gross  sum  of  all  these  items),  the  court  may  strike  oft'  the  two  improper 
items  without  affecting  the  validity  of  the  lien  for  the  cost  of  abating  the 
nuisance:     Philadelphia   v.  Hyde,    J8  Super.  Ct.  26V. 

Where  the  court  on  discharging  a  rule  to  strike  off  a  municipal  lien  allows 
the  defendant  time  within  which  to  tile  an  affidavit  of  defense,  and  the  de- 
fendant instead  adopts  another  course,  the  plaintiff  may  enter  judgment  at 
the  end  of  such  period,  for  want  of  an  affidavit  of  defense,  in  the  absence  of 
any  allowance  by  the  court  of  further  time,  to  file  an  affidavit  of  defense  or 
application  by  the  defendant  for  such  allowance:  Lansdowne  Borough  to  use 
v.  If  artel,  }8  Super,  ct.   'i-i".  affirming  11  Del.  ■'>'><>.   \S8. 

171.").  Any  rule  granted  under  the  provisions  of  iliis  act  may  be 
made  returnable  ;ii  such  time  as  the  court  may  direct,  either  therein 
or  by  rule  of  court,  or  by  special  or  standing  order.  All  petitions, 
answers,  and  replications  shall  be  under  oath  or  affirmation. 
Answers  must  be  filed  and  served  within  fifteen  days  after  service  of 
the  petition;  and  rules  and  replications  must  he  tiled  within  fifteen 
days  after  service  of  the  last  of  the  answers.  Replications  must  he 
confined  to  a  reply  to  new  matter,  sel  forth  in  the  answers.  The 
facts  avrrcd  by  either  party,  and  not  denied  in  the  answer  or  repli- 
cation of  the  other,  shall  he  taken  as  true  in  all  subsequent  proceed- 
ings in  the  cause,  without  the  necessity  for  proof  thereof,  unless 
amended  as  herein  sei  forth.  Any  fact  necessarily  found  by  the 
court  in  finally  determining  a  rule,  shall  also  he  taken  as  true  in  all 
subsequent  proceedings  in  the  cause,  without  the  necessity  for  proof 
thereof,  unless  either  parly,  by  writing  tiled  and  served  at  least  ten 


20 


days  prior  to  the  time  fixed  for  trial,  requires  that  it  be  submitted 
to  the  jury. 

Sec.  36,  Act  of  June  4,  1901,  P.  L.  364. 

1710.  Unless  otherwise  herein  provided,  all  notices,  petitions,  and 
rules  shall  he  served  upon  counsel  for  the  parties  interested  or  upon 
the  parties  themselves  in  the  manner  bills  in  equity  are  served,  or 
upon  the  owner  by  leaving  a  copy  with  the  party  in  possession  of 
the  real  estate,  or,  in  default  of  service  in  any  of  the  methods  stated, 
then  in  such  manner  as  the  court  shall  direct. 

Sec.  37,  Act  of  June  4,  1901,   P.  L.  364,  as  amended  by  Sec.  10,  Act  of 
May  28,  1915,  P.  L.  599. 

1717.  Whenever  security  is  required  to  be  given,  in  accordance 
with  the  provisions  of  this  act,  it  may  be  approved  by  the  prothono- 
tary,  subject  to  an  appeal  to  the  court  as  in  other  cases.  If  there- 
after the  security  be  found  to  be  insufficient,  new  security  may  be 
required  within  a  given  time;  in  default  of  the  entry  of  which,  the 
cause  may  proceed  with  the  same  effect  as  if  none  had  been  given, 
the  sureties,  however,  remaining  liable.  By  agreement  of  the  parties, 
or  upon  approval  by  the  court,  after  notice,  new  security  may  be 
entered  in  lieu  of  that  originally  taken,  and  an  exoneratur  entered 
on  the  first  bond  ;  or  the  security  given  may  be  limited  to  a  particular 
property,  if  clear  of  encumbrances,  and  if  also  the  security  be  entered 
as  a  lien  upon  said  property. 

Sec.  38,  Act  of  June  4,  1901,  P.  L.  364. 

1718.  In  cases  where  there  is  a  use  plaintiff,  if  the  claim  shall  be 
paid,  or  otherwise  satisfied  or  discharged,  at  any  time  before  or 
after  filing,  it  shall  be  the  duty  of  the  use-plaintiff  or  his  legal  repre- 
sentatives, at  the  request  of  the  owner  or  of  any  other  person  inter- 
ested, by  a  statement  in  writing  shqwing  how  the  claim  was  paid, 
satisfied  or  discharged,  and  on  the  payment  of  costs  if  any  be  due,  to 
enter  satisfaction  on  the  record  of  such  claim.  In  such  cases,  a  re- 
fusal to  satisfy  the  claim  for  a  period  of  sixty  days  after  notice  so  to 
do,  served  upon  the  use-plaintiff  or  his  agent  or  attorney,  shall  subject 
such  use  plaintiff  to  a  suit,  as  for  penalty,  at  the  hands  of  the  party 
aggrieved,  in  such  sum  as  the  jury  shall  determine  to  be  just,  but 
not  exceeding  the  amount  of  the  claim. 

Sec.  39,  Act  of  June  4,  1901,  P.  L.  364. 

1719.  From  any  definite  judgment,  order  or  decree,  entered  by 
the  court,  of  common  pleas  under  any  of  the  provisions  of  this  act, 
or  from  the  refusal  to  open  a  judgment  entered  by  default,  an  appeal 


:»,07 

may  be  taken  by  the  party  aggrieved  to  (Ik-  Supreme  or  Superior 
( Jourt,  ;is  in  <>t her  cases. 

Sec.  40,  Act  of  June   I.   1901,  P.  L.  364. 

An  order  simply  dismissing  a  motion  for  judgment  on  the  whole  record, 
and  not  entering  judgment  for  the  plaintiff,  is  interlocutory  and  no  appeal 
lies  from  it:     Philadelphia  to  use  v.  Pemoerton,  206  Pa.  13. 

1720.  This  act  shall  apply  only  to  claims  wherein  the  right  to 
file  a  lien  accrues  after  the  date  of  its  approval;  but  the  rights  of 
other  claimants,  under  existing  laws,  shall  remain  unaffected  by 
its  passage,  and  all  claims  properly  filed  thereunder  are  hereby 
validated.  And  this  act  shall  not  apply  to  (axes  assessed  upon 
unseated  land. 

Sec.  41.  Act  of  June  4,  1901,  P.  L.  364,  as  amended  by  Sec.  1.  Act  of  March 
26,  1903,  P.  L.  63. 

The  Art  of  June  4,  1901,  P.  L.  364,  is  not  retroactive  in  effect,  and  docs 
not  repeal  the  Act  of  May  L6,  1891,  P  L.  G9,  as  to  municipal  claims  which 
accrued  before  the  approval  of  the  Act  of  1901 :  Scranton  City  v.  Stokes, 
Jfos.  1  and  2,  28  Super.  Ct.  $4-487;  PhUa.  v.  Mason,  SI  Super.  Ct.  }78; 
Tiegal  r.  Lore,  61  Super.  Ct.  1 ',9  affirming  62  P.  L.  J.  532. 

The  Act  of  June  4,  1901,  P.  L.  364  has  no  application  to  a  case  where  an 
ordinance  was  adopted  and  most  of  the  work  done  prior  to  the  passage  of  the 
Act  of  1901,  but  not  entirely  completed  until  about  a  month  thereafter: 
Tarentum  Borough  u,  Moorhead,  26  Super.  Ct.  27 J. 

While  the  Act  of  June  4,  1901,  P.  L.  304  repeals  certain  acts,  it  does  not 
repeal  them,  nor  the  procedure  provided  by  them,  in  so  far  as  they  concern 
the  collection  of  municipal  claims,  the  right  to  collect  which  had  accrued 
prior  to  June  4,  1901:  TiegeJ  v.  Lore,  61  Super.  Ct.  l't9.  But  see  section 
1680. 

(c)     Method  of  Establishing  Title  to  Land  Acquired  at  Sales  on 

Municipal  Claims. 

1721.  In  all  cases  where  land  has  been  heretofore  sold  by  the 
sheriff  on  claims  for  unpaid  taxes  or  municipal  liens,  under  any 
act  or  acts  of  Assembly,  the  purchaser,  including  a  municipality 
in  case  it  be  the  purchaser,  at  such  sale,  or  his  or  its  successor  in 
title,  may  present  his  or  its  petition,  under  oath,  to  the  court  of 
common  pleas  of  the  county  wherein  the  land  is  situate,  setting 
forth:  (a)  The  location  of  the  lands  by  metes  and  bounds,  or,  if  it  be 
in  a  recorded  plan  of  lots,  the  plan  number  of  the  lot  and  the  place 
of  record  of  the  plan;  (b)  the  names  of  the  former  owners,  reputed 
owners,  persons  in  possession,  or  any  other  person  having  or  claim- 
ing to  have  a  right  to,  interest  in,  or  claim  against,  said  land,  if 
any  there  be;  and  (c)  that  upon  diligent  inquiry  no  person  has 
been  found  who  has  or  claims  to  have  any  right,  title,  or  interest 
in,  or  claim  against,  said  land,  unless  it  be  those  named  in  the 
petition.     Thereupon  a  rule  shall  be  granted  upon  the  persons  named 


308 

in  the  petition,  and  generally  upon  all  other  persons  not  named  in 
the  petition,  who  have  or  claim  to  have  any  right,  title,  or  interest 
in,  or  claim  against,  the  said  land,  to  appear  within  sixty  days 
from  service  of  the  rule,  and  show  cause  'why  the  title  of  the 
petitioner  to  said  land  should  not  ho  adjudicated,  and  decreed  valid 
and  indefeasible  as  against  all  rights  and  claims  whatsoever.  The 
rule  may  he  made  returnable  to  such  term  or  return  day  as  may  be 
fixed  by  the  court,  and  shall  be  entered  of  record  in  the  appearance 
docket  of  said  court,  and  duly  indexed  therein  and  also  in  the 
ejectment  index  of  said  court.  As  to  persons  domiciled  within  the 
county,  the  rule  shall  be  served  and  returned  as  writs  of  summons 
are  served  and  returned.  As  to  those  persons  who  do  not  have 
their  domicile  within  the  county  in  which  the  rule  is  issued,  or 
those  whose  domicile  is  outside  the  State,  the  rule  may  be  served 
by  mailing  a  true  and  attested  copy  of  the  petition  and  rule  by 
registered  letter  to  his  or  their  last  known  address,  if  any. 

In  addition  thereto,  the  court  shall  direct  that  notice  by  one 
advertisement  in  a  newspaper  of  general  circulation  in  the  county 
where  the  land  is  situate.be  given  to  all  persons,  including  those 
named  in  the  petition,  to  appear  on  or  before  the  return  day  of 
the  rule,  and  show  cause  why  the  title  of  the  petitioner  should  not 
lie  adjudicated,  and  decreed  valid  and  indefeasible  as  against  all 
rights  or  claims  whatsoever.  The  advertisement  shall  be  made  at 
least  sixty  days  before  the  return  day  of  the  said  rule. 

Sec.  1,  Act  of  May  16,  1919,  P.  L.  180. 

See  also  the  Act  of  June  4,  1915,  P.  L,  842.  on  the  same  subject. 

1722.  In  ca^e  no  person  or  persons  shall  appear  within  the  time 
hereinbefore  'stipulated,  or  in  case  he  shall  appear  and  does  not 
make  answer  to  said  rule  within  fifteen  days  after  appearance,  the 
court  shall  make  the  rule  absolute  as  to  all  persons  who  do  not 
appear  or  answer,  as  the  case  may  be.  Thereafter  all  rights  and 
claims  of  those  against  whom  the  rule  is  made  absolute  with  respect 
to  said  land,  shall  be  totally  barred  ;  and  any  deficiency  or  defects 
whatever  in  the  procedure,  whereby  the  land  was  acquired  at 
sheriff's  sale,  as  aforesaid,  from  the  filing  of  the  claim  up  to  and 
including  the  actual  sale  and  delivery  of  sheriff's  deed,  shall  not 
thereafter  be  asserted,  and  the  title  of  the  petitioner  shall  be 
adjudicated,  and  decreed  valid  and  indefeasible  as  against. all  such 
persons.  If  any  person  or  persons  shall  appear  and  make  answer 
to  said  petition,  the  court  shall  thereupon  order  and  decree  that 
such  person  or  persons  shall  begin  proceedings  to  establish  his  or 
their  title  or  interest  in,  or  claim  against,  said  land  within  ninety 
days  thereafter,  and  if  such  person  or  persons  shall  fail  to  comply 


30!) 

with  s;iid  order  or  decree,  the  courl  shall  thereupon  make  the  rule 
absolute  with  the  same  force  and  effecl  as  hereinbefore  stated. 

Sec.  2,  Ad  of  May  16,  1919,  P.  I..  180. 

L723.  The  courl  may  make  such  oilier  or  further  orders  or  de- 
crees in  the  premises  as  it  amy  deem  accessary  or  proper. 

Sec.  3,  An  of  May  16,  1919,  I'.  I..  180. 

1724.  The  remedy  herein  provided  is  not  intended  ;is  an  ex- 
clusive method  of  establishing  title  to  land  acquired  at  a  sheriffs 
sale  on  a  tax  claim  or  municipal  claim. 

Sec.  1.  An  of  May  l«i.  1919,  P.  ]>.  180. 

1725.  The  provisions  of  this  act  shall  not  affecl  the  right  of 
redemption  as  now  provided  by  law. 

Sec.  5,  Ad   of  May  16,  1919,  P.  L.  180. 


310 
CHAPTER  XXXIII. 

ROADS,  HIGHWAYS  AND   BRIDGES. 

(a)     Proceedings  by  Viewers  to  Lay  Out,  Open,  Widen,  Straighten, 
and  Vacate  and  to  Fix  the  Site  of  Public  Roads  and  Bridges. 

Reviewers  and  Re-Reviewers. 

For  provisions  relating  to  (lie  laying  out  and  opening,  of  roads  and  streets 

in  first  class  townships,  sec  sections  495-512. 

The  proceedings  provided  by  the  acts  contained  in  this  subdivision  apply 
only  to  townships  of  the  second  class,  and  to  the  laying  out  of  roads  which 
be  partly  in  a  township  of  the  first  class  and  partly  in  some  other  munici- 
pal subdivision.     See  section  640. 

1726.  The  court  of  quarter  sessions  of  every  county  of  the  Coinmo- 
wealth,  on  being  petitioned  to  grant  a  view  for  a  road  within  the 
respective  county,  shall  have  power  and  are  hereby  required,  in 
open  court,  to  appoint,  as  often  as  may  be  needful,  three  persons, 
qualified  as  hereinafter  is  provided,  to  view  the  ground  proposed 
for  such  road,  and  make  report  of  their  proceedings  to  the  respec- 
tive court  at  the  next  term  thereof:  Provided,  That  the  provisions 
of  this  act,  relative  to  the  appointment  of  viewers  to  lay  out  roads 
and  to  assess  damages,  shall  not  extend  to  the  city  and  county  of 
Philadelphia,  hereinafter  specially  provided   for. 

Sec.  1,  Act  of  June  13.  1836.  P.  L.  551,  as  amended  by  Sec.  1,  Act  of 
April  27,  1911.  P.  L.  95. 

The  viewers  appointed  under  the  provisions  of  this  section  are  appointed 
from  the  board  of  county  viewers  under  section  5  of  the  Act  of  June  23.  1911. 
P.  L.  1123,  which  provides  "whenever  hereafter  a  petition  shall  be  presented  to 
any  court  judge  or  judges  of  this  Commonwealth  praying  for  the  appointment 
of  viewers,  re-viewers  or  re-reviewers,  or  a  jury  of  view,  or  of  a  road  jury 
or  of  commissioners  of  view  or  of  any  person  or  body,  under  any  distinction 
for  the  purpose  of  viewing,  laying  out,  opening,  grading,  altering,  widening, 
vacating  and  construction  of  roads,  etc.***the  court  shall  appoint  a  board 
of  view  of  three  members,  one  of  whom  shall  be  learned  in  the  law  from 
among  the  board  of  viewers  of  the  county  as  such  viewers,   etc." 

The  jurisdiction  of  the  court,  under  this  section,  of  proceedings  to  lay- 
out a  public  road  between  two  townships  of  the  first  class  has  not  been 
taken  away  by  the  Act  of  April  28,  1899,  P.  L.  104,  creating  first  class 
townships  nor  by  the  Act  of  .Tune  7,  1901,  P.  Ij.  510,  empowering  township 
commissioners  to  lay  out  roads  and  streets  within  a  township:  In  re 
Road  in  Scott  and  Union  Townships  and  Green  Tree  Boro.,  17  D.  R.  791. 

Tt  is  error  to  award  a  view  returnable  to  any  more  distant  term  than  the 
next  term.  Frankstown  Township  Road,  26  Pa.  't12 ;  but  see  Umbria 
Street,  32  Super.  Ct.  S3S  and  Road  in  Bushlcill  Township,  12  Northampton 
118,  which  hold  that  the  requirement  in  the  third  section,  Act  of  June  13, 


1.x.",ti,  l'.  L.  r.r»1,  ili.-it  report  shall  be  made  to  the  next  term  of  court,  is 
repealed  by  the  Act  of  Mar.  18,  1903,  I".  I/.  28,  which  empowers  the 
court  to  fix  the  time  for  making  the  report  :  Query,  does  the  Act  of  Mar. 
18,  lf>03,  include  juries  of  view  to  lay  out   roads? 

In  road  proceedings  the  question  of  necessity  and  the  question  whether  the 
road  will  be  too  much  of  a  burden  on  the  township  arc  exclusively  for  the 
viewers.  Depositions  and  supplemental  petitions  bearing  on  these  questions 
will  not  be  considered  l>.\  tlin  court  :  Lower  Saucon  Township  Road,  6 
North.  ('.  R.  221. 

The  ouri  of  quarter  sessions  has  jurisdiction  under  this  Act  to  lay  out 
•  a  public  road  located  partly  within  a  borough  and  partly  within  a  township: 
Road  between  Priceville  and  Scott  Township,  I  Look.  -J.   171, 

Supervisors  of  a  township  have  no  authority  to  relocate  a  road  in  order 
to  place  it  on  what;  might  be  supposed  its  recorded  site.  The  authority 
under  an  order  to  open  is  exhausted  by  the  action  of  those  to  whom  it  is 
directed.  A  road  once  laid  out  cannot  be  altered  except  by  a  new  and  original 
proceeding.  Neither  have  the  supervisors  authority  on  the  grounds  of  sudden 
necessity,  to  open  a  route  for  the  public  through  private  property,  till  a 
road  can  be  regularly  laid  out:  Holden  r.  Cole,  ct  al.,  1  Pa.  30.1;  Van 
Buskirk  rt  al.,  r.  Dawley,  01  Pa.  .',23. 

Tt  is  improper  to  join  together  in  one  proceeding,  before  the  same  viewers. 
two  or  more  separate  roads:  Sadsbury  Township  Roads-  Toland's  Appeal, 
l.',7  Pa.  //?'/. 

It  is  error  for  the  court  in  its  order  to  the  viewers  to  designate  any 
intermediate  point  in  the  route  of  a  proposed  road,  the  route  between  the 
termini  is  exclusively  for  the  viewers:  Sadsbury  Township  Roads— Toland's 
Appeal,  lip  Pa.  J,71. 

L727.  Roads  upon  and  along  a  line  which  divides  two  adjoining 
counties,  may  he  laid  out,  altered  and  vacated  in  the  manner  pro- 
vided in  the  case  of  other  roads,  except  that  the  court  of  quarter 
sessions  of  each  of  the  said  counties  shall  appoint  three  of  the  view- 
ers, and  that  :i  report  as  aforesaid,  shall  he  made  to  the  said  courts 
respectively,  and  that  the  said  courts  shall  otherwise  have  and  ex- 
ercise concurrent  jurisdiction  therein. 

Sec  26,  Act  of  June  13,  1830.  P.  L.  551. 

The  viewers  appointed  under  this  section  are  appointed  from  the  board 
of  viewers  under  section  5  of  the  Act  of  June  23,  1911,  P.  Ij.  1323;  see 
note   under  section    1726. 

A  road  laid  out  under  the  provisions  of  this  section  must  he  laid  out  on 
the  boundary  liii".   one  half  of  the  breadth  of  the   road  in   each   county. 

Where  the  boundary  line  is  a  creek  a  road  cannot  he  laid  out.  under  the 
provisions  of  this  act.  at  some  places  in  one  county. — at  others  in  another 
county. 

A  road  so  laid  out  cannot  he  vacated  in  one  county  by  a  review:  Roaring 
Creek  Road,  11  Pa.  356. 

This  section  refers  only  to  roads  laid  along  a  line  which  divides  two 
adjoining  counties  ami  has  no  application  to  a  road  in  one  county  connecting 
at  the  county  line  with  a  road  in  another  county:  Big  Run  Road,  /?  Super. 
('I.    166. 


312 

1728.  In  all  cases  wherein  any  proceedings  are  about  to  be  had 
before  any  county  commissioners  or  courts  of  this  Commonwealth, 
by  petition  to  the  said  courts  or  commissioners,  looking  to  the  laying 
out,  opening-  and  construction  of  new  roads  for  public  use,  it  shall 
be  the  duty  of  the  parties  making  application  to  the  commissioners 
or  to  the  courts  for  the  appointment  of  viewers,  reviewers  or  re- 
reviewers  to  lay  out,  open  or  construct  such  public  road,  to  give 
written  notice  of  such  application  to  the  supervisors  or  commission- 
ers of  roads  and  highways  of  the  territory  through  which  the  pro 
posed  public  road  is  designed  to  be  laid  out  and  constructed,  of  (he 
time  and  place  of  such  application,  and  of  the  time  and  place  of  the 
meeting  of  viewers,  reviewers,  or  re-reviewers,  and  a  copy  of  said 
written  notice,  properly  attested,  shall  be  tiled  among  the  records 
of  the  court  having  cognizance  of  the  matter;  and  a  failure  to  comply 
with  the  provisions  of  this  act,  as  to  such  notice,  shall  be  sufficient, 
grounds  for  an  application  to  set  aside  whatever  proceedings  may 
have  been  taken,  of  which  said  supervisors  or  commissioners  of  roads, 
and  highways  had  no  written  notice. 

Sec.  1,  Act  of  May  2,  1899,  P.  L.  176,  as  amended  by  Sec.  1.  Act  of  Mar. 
29,  1905,  P.  L.  69. 

Although  notice  to  landowners  ami  parties  interested  of  the  time  fixed 
for  views  has  been  deemed  essential,  the  presumption  is  that  the  requirements 

have   been   complied   with    and   it   is   not   necessary    to  si ially   state  in    the 

report   that   such    notice   has   been   given:     Road    in    South    Abington    Twp., 
1 09  Pa.  118. 

The  supreme  court  does  not,  on  certiorari,  review  the  facts  and  cannot 
therefore  determine  in  a  road  case  that  there  was  any  want  of  proper  notice 
of  the  time  of  holding  the  views:     Spring  Garden   Road,    '/■!  Pa.  l//ff. 

The  Act  of  May  2,  1899,  P.  L.  176,  does  not  repeal  the  special  road  law 
of  .March  13.  1869.  P.  L.  368,  applicable  to  Franklin  County;  Road  in  Green 
and   Guilford   Townships,   21   Super.   Ct.   ///S. 

Where  the  proceedings  show  that  the  township  commissioners  accepted 
notice  of  the  petition  and  the  report  of  viewers  sets  forth  that  19  days' 
notice  was  given  them  of  the  time  and  place  of  view  and  thai  a  majority 
of  the  commissioners  were  present  at  the  view  and  concurred  in  laying 
out  the  road,  a  landowner,  in  the  absence  of  any  action  by  (lie  commissioners, 
has  no  standing  to  raise  the  objection  that  the  provisions  of  the  above  act 
were  not  literally  complied  with:  Complanter  Tovmship  Road  (No.  I).  26. 
Super.  Ct.  20. 

It  is  unnecessary  under  this  section  to  give  notice  of  the  opening  and 
construction  of  a  new  road  to  borough  officers:  Complanter  Township 
Road  (No.  2),  26  Super.  Ct.  29. 

This  act  relates  to  the  method  of  procedure  only  and  does  not  affect 
vested  rights.  The  failure  to  file  a  copy  of  the  written  notice  required 
is  not  sufficient  to  set  aside  the  proceedings  where  the  supervisors  in  fact 
were  properly  notified:     Towamenein  Road,  28  Pa.  C.  C.   II!- 

The  notice  required  by  this  act  must  be  given  to  the  supervisors  of  the 
township  or  townships  affected  by  the  road  to  be  laid  out.  changed  or  vacated 
and  copy  of  such  notice  properly  attached  must  be  filed  among  the  records 


•  >  1 .1 

of  tin'  court  having  cognizance  and  a  failure  to  do  so  will  be  sufficient 
grounds  for  an  application  to  sel  aside  the  proceedings:  1'uml  in  Curtm  and 
Boggs  Townships,  28  Pa.  G.  C.  828. 

Failure  to  give  the  written  notice  required  by  this  act  will  prove  defective 
to  the  proceedings,  unless  the  supervisors  waive  the  same,  and  Buch  notice 
can  only  be  waived  by  their  formal  action  as  a  body  constituting  the  road 
supervisors  of  the  township:  Clarion  Township  and  Clarion  Borough  Road, 
35  I'n.  C.  G.  n  :  Mifflin  Township  Road,  68  Super.  Ct.  281. 

Under  this  act  written  notice  of  an  application  tor  tin;  appointment  of 
reviewers  must  he  given  to  the  supervisors,  of  the  time  and  place  tor  the 
hearing  of  such  application,  at  the  time  the  petition  is  filed,  although 
exceptions  to  the  report  of  the  original  viewers  have  not  been  disposed  of. 
The  fact  that  the  petition  is  presented  by  the  county  commissioners  does 
not  obviate  the  requirement  as  to  notice:     Franklin  Township  Road,    '/ii  I'n. 

c.  c  m- 

Proceedings  to  lay  out  and  open  a  public  road  may  he  set  aside  where  no 
written  notice  of  such  proceedings  has  been  given  to  the  township  super- 
visors or  commissioners,  hut  an  application  to  set  aside  proceedings  based  on 
failure  to  serve  such  notice  must  he  made  to  the  court  of  original  jurisdiction 
and  the  appellate  court  will  not  reverse  proceedings  where  the  objection  on 
this  ground  was  not  filed  in  the  lower  court:  Hampton  Township  Road, 
7 .'  Super.  Ct.    'iS'h 

The  notice  required  to  be  served  upon  the  township  supervisors  or  commis- 
sioners by  this  act  is  not  required  where  the  proceeding  is  to  vacate  or  change 
the  location  of  an  existing  road:  Puhlic  Road  in  Potter  and  Tioga 
Counties,  /"  D.  It.  ',56;  Road  in  Salem  Township,  28  1>.  R.  I ',» ;  In  Re 
Washington  Road,  72  Super.  <'(.  }<>'/,•  Rqad  in  Salem  Township,  28  D.  R. 
I'll). 

Failure  to  give  the  written  notice  id'  the  time  and  place  of  holding  views, 
reviews,  etc.,  to  the  supervisors  and  to  file  a  copy  of  such  notice  among 
the  records  of  the  court  having  cognizance  id'  the  matter,  will  vitiate  the 
proceedings:  Frankford  Township  Road,  11  D.  1'.  ?.S',-  Road  in  Windsor 
Township,   V,  1).  R.   ',15. 

A  report  of  a  jury  of  view  will  be  set  aside  where  all  the  township  super- 
visors have  not  received  notice  of  the  proceedings  as  required  by  this  act: 
Road  in  Shrewsburg  Township,  1 )  1).  I'.  ',68 .-  In  matter  of  Petition  for 
Public  Road  in  Township  of  Crescent  and  Moon.  64  P-  1-  -1 .  652. 

Where  five  of  the  township  commissioners  signed  the  petition  for  the  open- 
in;;  of  a  public  road,  verbal  notice  of  the  view  was  given  to  five  members  of 
the  Hoard  and  notices  mailed  to  the  other  members  and  where  tin-  Board 
by  its  official  acts  subsequent  to  the  filing  of  the  report  of  the  viewers,  declared 
the  road  opened,  placed  it  on  record  and  advertised  for  bids,  the  court  will. 
after  six  months  refuse  to  quash  the  proceedings  for  the  opening  of  the  road 
based  on  the  grounds  that  the  notices  required  by  this  act  were  not  served 
upon  the  Commissioners:     Mifflin   Township  petition,  65  /'.  /..  •/.  86*. 

A  report  of  viewers  will  be  set  aside  where  it  does  not  appear  by  a 
properly  attested  copy  tiled  of  record,  that  notice  in  writing  was  given 
"by  the  parties  making  application"  for  the  road  to  the  supervisors  of  the 
township  affected,  (1)  of  the  time  and  place  of  the  application  for  the 
appointment  of  viewers,  and  11!)  of  the  time  and  place  of  their  meeting: 
In  re  mud  in  Wright  '/'"unship.  I )  Luz.  '■' :  I  ppcr  Sducon  Township  Road, 
3   Leh.    477;    Road    in    Fulton    Township,    .'<<'    Lane.    I..    /.'.    -I'.n :    Road    in 


314 

Crescent    Township,    SO    York    ISO;    Public    Road    in    ('lnn-ticrs    Township, 
',1  P.  L.  J.  268. 

1720.  In  any  proceedings  now  pending  or  that  may  hereafter  be 
brought  in  any  court  of  quarter  sessions,  for  the  laying  out,  opening, 
changing,  vacating,  widening,  or  altering  of  a  road  any  part  of 
which  lies  within  a  township  of  the  first  class,  such  road  shall  not 
be  laid  out,  opened,  changed,  vacated,  widened,  or  altered  unless  and 
until  the  board  of  commissioners  of  such  township  shall  have  passed 
a  resolution  consenting  and  approving  thereto,  and  shall  have  filed 
with  the  clerk  of  said  court  a  copy  of  such  resolution  duly  certified 
by  the  township  secretary. 

Act  of  May  16,  1921,  P.L.  635. 

Under  the  provisions  of  the  Township  Code,  roads  in  first  class  townships 
are  laid  out  by  the  township  commissioners.  See  supra  section  405  of  the  Code. 
The  laying  out  of  roads  referred  to  in  this  act  evidently  refers  to  roads  which 
lie  partly  in  a  first,  class  township.  Such  roads  are  laid  out  by  the  court  of 
quarter  sessions  under  the  provisions  of  section   6-10  of  the  Township  Code. 

1730.  Any  discreet  and  reputable  citizen,  qualified  to  vote  for 
members  of  the  legislature,  may  be  appointed  a  viewer  for  any  of 
the  purposes  mentioned  in  this  act ;  .  but  except  it  be  otherwise 
especially  provided,  the  court  appointing  viewers  shall  select  them, 
as  far  as  practicable,  from  persons  residing  near  the  place  to  be 
viewed. 

Sec.  51,  Act  of  June  13,  1836,  P.  L.  551. 

Sec.  1,  of  the  Act  of  June  23,  1911,  P.  L.  1123,  fixes  the  qualifications  of 
the  members  the  ecunty  board  of  viewers  from  which  road  viewers  are  now 
appointed. 

A  road  juror  is  not  disqualified  by  reason  of  his  residence  in  a  township 
through  which  a  proposed  road  if  confirmed  will  be  opened,  although  many 
petitioners  for  the  road  also  reside  in  the  same  township  :  Jload  in  BJooms- 
burg  and  Scott  Totonships,  11  D.  R.  93. 

1731.  In  all  cases  of  a  view  or  review,  or  of  any  view  subsequent 
to  a  review  of  a  road,  a  surveyor  shall  be  found  and  paid  by  the  per- 
sons applying  for  such  vieAvs. 

Sec.  58,  Act  of  June  13,   1836,  P.  L.  551.         , 

The  surveyor  appointed  under  the  Act  of  May  8,  1889,  P.  L.  129,  as  a 
viewer  does  not  supply  the  place  of  the  surveyor  who  is  to  be  furnished  by 
the  petitioners  under  this  section  :  Widening  of  East  Avenue  in  the  Bor- 
ough of  Jenkintown,  7  Lane.  L.  R.  1Q1\. 

Where  a  person  is  employed  as  surveyor  to  a  board  of  viewers  or  reviewers 
lie  is  to  be  paid  in  the  same  manner  as  viewers  to  wit,  by  the  county  if  the 
road  is  public,  cr  by  the  petitioners  if  it  is  a  private  road:  Ackerly  et  al., 
v.  The  county  of  Lackawanna,  1  Lack.  L.  N.  llt. 

1732.  In  all  proceedings  to  lay  out  or  vacate  a  public  or  private 
road,  or  to  assess  damages  as  provided  by  law,  to  fix  the  site  of  a 
county  bridge,  and  to  accept  the  same  when  repaired  pr  completed 
according  to  existing  laws,  the  viewers,  reviewers,  et  cetera,  shall 


:U5 

consist  of  three  fair,  judicious  and  impartial  persons,  one  <>f  whom 
shall  be  a  surveyor  to  be  appointed  as  now  provided  by  law.  This 
act  shall  not  apply  to  counties  having  local  acts  inconsistent  here- 
with. 

Ad  <n  May  8,  1889,  I'.  I-  l-!>.  supplementing  Sec.  52,  Act  of  June  13, 
1836,  I'.  I..  551. 

This  act  does  not  violate  Sic.  7,  Article  III.  of  the  constitution:  Road  in 
Cheltenham  Township,  i'i<>  I'n.  I'll!,  widening  of  East  Ivenue  in  the  Borough 
of  Jenkintown,  l!  Montg.    '/■'>,  s.  c.  7  Lane.  L.  /.'.    10't. 

This  a.-t  did  not  repeal  S<-<\  ::,  Act  of  Feb.  24,  1845,  I*.  L.  52:  Greenwood 
Township  Road,  27  Super.  Gt.  5'f9. 

This  act  does  not  furnish  a  rule  of  procedure  for  assessing  the  damages 
etc.  for  widening  a  road  i  r  street,  but  is  limited  by  iis  terms  to  laying  out 
and  vacating  the  same:  Chestnut  Street,  8  Pa.  G.  C.  55,  s.  c.  20  Phila.  364; 
Palmer  Township,  in  l>.  R.  UK  s.  c.  10  North.  C.  R.  isi .-  Widening  of  Last 
Avenue  in  the  Borough  of  Jcnhintown,  6  Montij.  '/'>,  s.  c.  7  Lane.  L.  R.  10): 
Lower  Saucon  Township  Road,  0  North.  C.  R.  221. 

This  act  should  be  adopted  in  practice  to  the  general  road  law  of  1836  and 
the  general  act  of  1874  in  counties  having  no  local  laws,  and  in  counties  hav- 
ing local  laws  but  not  inconsistent  therewith;  and  while  all  viewers  must 
convene,   a  majority   may  decide. 

It  lias  reference  to  such  bridges  as  are  wholly  within  the  territorial 
limits  of  the  several  counties;  the  act  of  1836,  Sec.  46  is  still  in  force  as  to 
bridges  over  creeks  on  the  line  of  adjoining  counties :  Road  and  Bridge 
Viewers,  S  l'a.  C.  C.  557. 

An  objection  that  none  of  the  viewers  was  a  surveyor,  as  required  by  this 
act.  is  too  late  when  made  after  the  view:  Millcreek  l<'<><id,  9  Pa.  ('.  ('.  592,  s. 
c.  8  Lane.  L.  R.  SOL 

The  surveyor  appointed  under  this  act  as  a  viewer  does  not  supply  the 
(dace  of  the  surveyor  who  is  to  be  furnished  by  the  petitioners  under  section 
58  of  the  general  road  law  of  June  13.  1836:  Widening  of  Last  Avenue  in 
the  Borough  of  Jenkintown,  0  Montg.   '/■'>.  a.  c.  7  Lane.  T..  R.  10'/. 

There  is  no  inconsistency  between  this  act  and  the  local  act  of  April  22, 
1858,  P.  L.  464:     Forks  Township  Road,  2  North.  G.  R.  135. 

173o.  When  any  petition  is  presented  to  any  court  of  quarter 
sessions  of  this  Commonwealth  praying  for  the  appointment  of  view- 
ers, as  now  provided  by  law,  to  view  and  lay  ou1  a  public  road  in  any 
township  or  townships  of  this  Commonwealth,  such  petition,  and  the 
report  of  the  viewers  thereon,  shall  not  he  held  invalid  for  the  rea- 
son that  one  of  the  termini  named  in  the  petition  or  in  the  report 
is  at  a  point  other  than  in  a  public  highway  or  place  of  public  resort, 
where  it  appears  in  such  petition  or  report  that  the  other  terminus  is 
in  a  public  road  and  that  the  road  is  one  necessary  for  public  travel: 
Provided,  however.  That  in  case  one  of  the  termini  named  in  the  re- 
port is  at  a  point  other  than  in  a  public  highway  or  place  of  public 
resort  the  finding  of  the  viewers  that  the  road  is  necessary  for  public 
travel  shall  be  subject  to  the  approval  of  tin1  court  of  quarter  ses- 
sions, which  may  confirm  or  set  aside  said  finding. 

Sec.  1,    Act   of   June  '20,   1019,    P.   L.   50!). 


316 

1734.  All  viewers  and  reviewers  appointed  for  any  purpose  men- 
tioned in  1his  act,  also  all  persons  appointed  1<>  inspect  any  bridge 
as  aforesaid,  shall,  before  they  proceed  to  the  duties  of  their  appoint- 
ment respectively,  make  oatli  or  affirmation  to  perform  the  same  im- 
partially, and  according  to  the  best  of  their  judgment;  which  oath 
or  affirmation  may  be  administered  to  them  by  any  magistrate  of 
the  respective  county,  or  by  any  one  of  their  number. 

Sec.  .",::.  Act  of  June  i:1..  1836,  p.  L.  r>r>i. 

This  section  would  seem  to  apply  also  to  viewers  and  reviewers  appointed 
only  to  assess  damages. 

Under  the  Act  of  June  23,  1911,  P.  L.  1123,  the  official  viewers  are  sworn 
upon  entering  upon  the  duties  <  f  their  office  and  are  not  required  to  b:' 
sworn  prior  to  any  particular  view:  Franklin  Township  Road,  )0  Pa. 
C.  C.  484. 

The  form  of  oath  prescribed  by  this  section  must  be  strictly  followed.  A 
report  by  viewers  who  were  not  properly  sw<  rn  or  any  one  of  whom  was  not 
qualified  until  after  the  view  of  the  premises,  cannot  be  cured  by  amendment: 
Cambria  Street,  75  Pa.  357;  Road  in  Bushkill  Township,  12  North.  C.  R.  1 18; 
Road  in  Foster  Toivnship,  9  Luz.  Jj.  R.  114:  South  Shenango  Township 
Ron, I.  25  Pa.  V.  C.  587;  Allen  Township  Road,  1!)  />../?.  356,  s.  c.  12  North. 
G.  R.  152,  23  York  160,  Road  in  Kidder  Township,  9  Luz.  L.  R.  10. 

A  justice  of  the  peace  cannot  swear  himself  as  a  road  viewer:  East 
Pcnn  Township  Road,  22  Pa.   C.   C.  453. 

A  notary  public  is  competent  to  administer  the  oath  to  road  viewers : 
Road  in  Lower  Merion  Township,  22  Pa.  G.  C.  645. 

If  the  report  shows  that  the  viewers'  were  "duly  sworn"  and  there  are  no 
exceptions  to  the  form  of  the  oath,  it  will  be  presumed  that  the  oath  was  in 
the  form  required  by  the  statute:  Road  in  Nescopeck  Township,  2  York  20; 
Road  in   Lower  Merion   Township,  58  Pa.  66. 

Report  of  viewers  should  show  when  and  where  they  met  and  that  they 
viewed  the  ground,  but  an  omission  of  this  is  not  fatal.  The  report  and  draft 
should  show  the  improvements,  but  an  omission  can  be  supplied  by  amend- 
ment:     Road   in   Kidder   Toirnship,    9    Luz.   L.    R.    10.      The    oath    must   be 

taken  before  the  view:     Road  in  Foster  Township.  9  Luz.  L.  R.  293. 

» 

17:!.").  The  persons  appointed  as  aforesaid  shall  view  such  ground, 
and  if  they  shall  agree  that  there  is  occasion  for  a  road,  they  shall 
proceed  to  lay  out  the  same,  having  respect  to  the  shortest  distance, 
and  the  best  ground  for  a  road,  and  in  such  manner  as  shall  do  the 
least  injury  to  private  property,  and  also  be.  as  far  as  practicable, 
agreeable  to  the  desire  of  the  petitioners. 

Sec.  2,  Act  of  June  13,  183G,  P.  L.  551. 

The  termini  of  a  pr<  jected  road  are  its  designation  and  only  means  of 
identification.  Reviewers  are  not  restricted  to  the  adoption  or  rejection  of  the 
former  report,  they  may  substitute  a  new  route  for  a  part  rejected  but  must 
preserve  the  beginning  and  ending  substantiality :  Road  in  Tjower  Merion,  58 
Pa.  66:  Road  in  South  Abington  Township,  109  Pa.  118;  Dcmj  Toivnship 
Road,  II  Super,  ci.  232;  Road  in  Bushkill  Township,  12  North.  C.  R.   IIS. 


317 

It  is  f:it;il  to  designate  intermediate  points  in  the  petition  or  order  for  the 
view  of  ;i  road.  Tlt<-  court  has  no  power  t"  alter  tne  of  the  termini:  Cath- 
arine Township  Road,  1<>  Pa.  189;  Sadsbury  Township  Road,  I 'P  Pa.  \71; 
Franklin  Township  Road,  5 )  Super.  Ct.  193;  Ottercreek  Township  Road,  /"/ 
Pa.  161;  Ranson  Township  Road,  I-',  Lack.  J.  109. 

When  the  wanl  i  f  ;i  road  from  one  given  poinl  to  another  would  prevent  a 
portion  of  the  public  from  getting  to  market,  tn  church,  or  to  other  places 
where  men  are  in  the  habit  of  meeting  on  their  lawful  buisness,  or  in  pur- 
suance of  their  proper  duties,  the  road  is  necessary.  It  is  nol  necessary  in 
any  case  for  a  read  to  start  from  or  terminate  at  another  ai  right  angles  in 
order  to  insure  the  shortest  distance:  West  Pikeland  Road,  63  Pa.  \71; 
Schuylkill  River  Road,  19  Super.  Ct.  376;  Road  in  Lower  Merion  Township, 
22  Pa.  C.  C.  6^5;  Road  in  Hanovr  Township,  V,  D.  R.  778. 

The  function  of  viewers  under  this  act  was  in  the  first  instance  to  determine 
whether  there  was  a  public  necessity  for  the  pri  posed  road,  the  duty  of  laying  it 
mit  and  endeavoring  to  obtain  releases  of  damages  arising  only  in  case  they 
found  that  necessity  t<>  exist  :     Road  in  Albany  Township,  .'  Berks  98. 

Report  of  viewers  need  no1  show  affirmatively  that  the  required  notice  of 
the  view  was  given,  if  the  fact  appears  by  the  record  of  the  proceedings: 
Road  in    Ubany  Toicnship,  2  Berks  98. 

17:;ij.  Hereafter  it  shall  not  be  lawful  to  open  any  street,  lane, 
alley  or  public  road  through  any  burial  ground  or  cemetery  within 
this  Commonwealth,  any  laws  heretofore  passed  to  the  contrary  not- 
withstanding: Provided,  That  this  section  shall  not  extend  to  the 
city  and  county  of  Philadelphia. 

Sec.  1.  Act  of  April  5.  1849,  P.  L.  307. 

Repealed  as  to  townships  of  the  first  class  by  Act  of  July  14,  1917,  P  L. 
962. 

For  similar  provisions  as  to  townships  of  first   class,  see  section  496. 

This  act  does  not  apply  to  land  until  it  is  in  fact  a  cemetery  <  r  graveyard. 
V.  />'.  Congregation  v.  Emaus  Borough,  56  Super.  Ct.  136. 

A  portion  of  a  cemetery  in  which  no  bodies  are  buried  may  be  taken  in 
widening  a  public  street  :  Mellon  r.  Borough  of  Sprinffdale,  60  P.  I..  J.  Jt85, 
s.  c.   ',  M.  I..  33. 

The  purchase  of  land  by  a  cemetery  company  on  both  sides  of  an  alley 
does  not  give  the  cemetery  company  the  right  to  close  the  alley:  DuBois 
Cemetery  Co.  v.  Griffin,  1<>~>  Pa.  SI. 

This  ad  was  held  not  to  be  repealed  or  suspended  by  a  subsequent  law 
extending  the  boundaries  of  a  borough  and  appointing  three  commissioners 
who  shall  have  authority  "  to  survey  and  lay  out  and  mark  the  lines  of 
such  streets,  roads,  lanes,  and  alleys,  as  they  shall  deem  necessary  within 
the  said  limits."     Egypt  Street,  .'  < limit.   /.JJ. 

1787.  No  view  which  may  be  had  for  any  of  the  purposes  afore- 
said, shall  be  good  and  valid,  unless  five  of  the  persons  appointed  for 
the  purpose  shall  view  the  place  in  question,  nor  unless  four  of  the 
actual  viewers  concur  in  the  report. 

See.  52,  Act  of  June  13.  1836.  I'.  P.  551. 

This  section  is  repealed  in  effect  by  Sec.  il.  Act  of  June  23,  1911.  P.  L. 
1123.  which  provides  as  follows:  "*  *  *  Every  report  must  be  concurred  in 
and  signed  by  at  least  two  of  tin'  viewers,  and  no  report  shall  be  made  unless 


318 

so  concurred  in  and  signed,  save  a  report  of  inability  I©  reach  conclusions 
***at  least  two  of  the  three  viewers  appointed  for  the  purpose  shall  view 
the  premises  in  question." 

1738.  It  shall  be  the  duty  of  all  persons  appointed  in  the  several 
counties  of  this  Commonwealth  to  view  and  review  any  public  or 
private  road  or  bridge,  if  they  shall  decide  in  favor  of  locating  said 
road  or  bridge,  to  endeavor  to  procure  from  the  persons  over  whose 
land  such  location  may  be  made  releases  from  all  claims  for  damages 
that  might  arise  from  the  opening  of  such  road  or  the  building  of 
such  bridge;  and  in  every  case  Avhere  said  viewers  shall  fail  to  pro- 
cure such  releases,  and  shall  appear  to  them  that  any  damages  will 
be  sustained,  it  shall  be  their  duty  to  assess  the  damages  and  make 
report  rhereof,  signed  by  a  majority  of  their  number,  and  return  the 
same,  together  with  all  releases  obtained,  to  the  court  of  quarter 
sessions,  and  the  damages  so  assessed  shall  be  conclusive,  or  may 
be  subject  to  appeal,  review  or  modification,  as  may  be  provided  by 
existing  laws  in  the  different  counties  of  this  Commonwealth. 

See.  1,  Act  of  May  14,  1874,  P.  L.  164. 

It  is  not  necessary  that  the  report  of  viewers  should  state  that  they  have 
endeavored  to  obtain  releases.  It  will  be  presumed  that  the  viewers  performed 
their  duty  and  that  all  things  "Were  rightly  done  unless  the  contrary  is  shown  : 
Road  in  South  Abington  Township,  109  Pa.  118. 

Viewers  have  no  authority  under  this  act  to  direct  how.  when,  or  by  whom 
the  damages  should  be  paid:     Road  in  O'Hara  Toionship,  87  Pa.  356. 

This  act  applies  to  a  case  where  the  proceeding  is  to  widen  an  already 
opened  public  road:     Widening  Merion  Avenue,  Jt  Del.  \52,  s.  c.  7  Montg.  102. 

It  is  not  necessary  that  the  viewers  state  in  their  report  that  they  have 
endeavored  to  obtain  releases,  nor  in  the  assessment  of  damages  that  they  have 
taken  into  consideration  the  advantages  accruing  to  the  landowner  from  the 
opening  of  the  road:  Road  in  South  Abington  Township,  109  Pa.  118:  but 
see,  Road  in  Rush  Township,  10  D.  R.  650;  North  Union  Township  Road, 
150  Pa.  512;  Appeal  of  Central  R.  R.  of  New  Jersey,  102  Pa.  38;  Road  in 
York  Township  11  D.  R.  706;  Road  in  Cogan  House  Township,  7  W.  N.  C. 
257,  s.  c.  8  Luz.  211. 

The  assessment  of  damages  by  the  jury  of  view  is  conclusive  unless  an  ap- 
peal, review  or  modification  thereof  is  provided  for  by  the  laws  existing  in  the 
particular  county  at  the  time.  In  the  absence  of  a  local  or  special  act  confer- 
ring the  power,  it  is  error  to  appoint  a  jury  of  view  or  review  for  the  ascer- 
tainment of  damages  alone:  Road  in  Warriors  in  ark  Township,  126  Pa.  305; 
ment  of  damages  alone:  Road  in  Warriorsmark  Township,  126  Pa.  305; 
Kohlcr  r.  Butler  Co.  Appellant,  31  Super.  Ct.  305;  West  Whiteland  Road, 
J,  Pa,  C.  C.  511,  s.  c,  J,  Montg.  It;  Hopewell  Township,  12  Pa.  C.  C.  517; 
Ihidge  in  East  Nantmeal,  21  Chester  391. 

If  the  original  petition  for  a  road  view  is  in  proper  form,  the  fact  that  the 
report  of  the  viewers  did  not  comply  with  the  requisities  of  the  law  is  suf- 
ficient reason  for  setting  aside  the  order  confirming  the  report  but  another 
view  may  be  had  upon  the  same  petition  :  North  Union  Township  Road,  150 
Pa.  512. 


31U 

By  the  silence  <>f  this  ad  as  to  who  shall  pay  such  damages  as  arc  assessed, 
the  liability  remains  where  it  was  prior  to  this  act,  thai  is.  upon  the  county: 
The  Act  of  May  28,  1913,  I\  L.  368  does  not  repeal  this:  Road  in  Fulton 
Township,  23  D.  R.  678. 

This  act  is  not  applicable  to  a  street  already  located  and  established  ac- 
cording to  law;  and  when  viewers  are  appointed  to  report  on  the  necessity 
for  opening  such  a  street-  their  report  is  to  be  confined  t<>  that  subject,  and 
t hey  arc  without  power  to  assess  damages  under  said  acl  :  Brooklyn  Street, 
118  Pa.  61,0;  Magnolia  Arc.,  111  Pa.  56;  Jackson  Street,  83  Pa.  828;  Finn 
Second  Street,  11  Phila.  437,  but  see  Pearl  Street,  111  Pa.  565,  s.  c.  15  W. 
V.  G.  105;  Twenty-Eight  Street,  102  Pa.  1  ',0 .-  Arrott  Street,  is  W.  N.  C.  121. 

\~'.\\).  The  viewers  as  afOTesaid  shall  make  report,  at  the  aext 
term  of  the  said  court,  and  in  the  said  report  shall  state  particularly: 
first,  who  of  them  were  present  at  the  view;  second,  whether  they 
were  severally  sworn  or  affirmed;  third,  whether  the  road  desired 
be  necessary  for  a  public  or  private  toad;  they  shall  also  annex  and 
return  lo  the  court  a  plot  or  draft  thereof;  staling  courses  and  dis- 
tances, and  noting  briefly  the  improvements,  through  which  it  may 
pass:  and  whenever  practicable,  the  viewers  shall  Lay  out  the  said 
roads  at  ah  elevation  not  exceeding  five  degrees,  except  at  the  cross- 
ing of  ravines  and  streams  where  by  moderate  filling  and  bridging, 
the  declination  of  the  road  may  be  preserved  within  that  limit. 

Sec.  5,  Act  of  June  13,  1830,  P.  L.  551. 

This  section  is  supplemented  by  Sec.  0  of  the  Act  of  June  23,  1911.  P.  L. 
1123,  which  provides  that  "It  shall  he  the  duty  of  the  board  of  view  ap- 
pointed in  each  case  to  prepare  and  file  in  the  proper  court,  a  report  whicli 
shall  set  forth,  in  brief  and  concise  paragraphic  forms,  all  findings  of  fact, 
and  conclusion  of  law.  a  statement  of  the  amount  of  damages  or  benefits 
assessed,  and  attach  to  the  said  report  a  plan  showing  the  properties 
affected." 

Under  the  Act  of  June  23.  1911.  P.  L.  1123.  (Sec.  3)  the  official  viewers  are 
sworn  upon  entering  upon  the  duties  of  their  office  and  are  not  required  to  be 
sworn  prior  to  any  particular  view:     Franklin  Township  Road,  !t0  Pa.  0.  C. 

m- 

The  requirement  that  the  viewers  shall  make  report  at  the  next  term  is 
repealed  by  th  Act  of  March  IS.  1903.  P.  T,.  2S :  Umbria  Street,  -H  Super.  Ct. 
888;  Road  in  Bushkill  Township,  12  Northampton  IIS;  Query:  Does  the 
Act  of  March  IS.  1903.  contemplate  juries  of  view  to  lay  out  roads? 

Road  viewers  must  return  t©  the  next  term  after  they  are  appointed,  to 
allow  time  for  filing  exceptions  to  the  report  if  necessary:  Roger's  Road,  81 
Pa.  251.  Heidelberg  Township  Road.  >,1  Pa.  58C>.  (Decided  prior  to  the 
passage  of  the  Act  of  March  18,  190:',.  P.  L.  28). 

"At  the  next  term"  as  used  in  this  section,  means,  in  the  absence  of  a  re- 
stricting rule  of  court,  during  the  regular  term  :  Mifflin  Township  Road,  16 
Pa.  C.  C.  7/,. 

A  report  of  viewers  presented  to  court  and  confirmed  on  September  2. 
when  the  time  for  the  holding  of  court  at  the  term  to  which  it  was  returnable 
expired  in  August  27,  and  the  next  term  began  September  5.  is  too  late : 
Upper  Mahanoy  Township  Road,  12  Pa.  C.  C.  618. 

Reports  of  juries  of  view  must  be  made  at  the  next  term :  In  re  Opening 
of  Knox  Street,  12  Super.  Ct.  58',.  (Decided  prior  to  the  passage  of  the  Act 
of  March  IS,  1908,  P.  L.  28). 


320 

An  order  to  viewers  will  not  be  continued  when  the  jury  have  acted  thereon 
after  the  return  day.  to  enable  them  to  rep<  rt  the  result  of  such  irregular 
action  on  their  part.  The  courl  will,  in  such  case,  appoint  another  jury  in 
the  original  petition  and  issue  an  alias  order  of  review:  Alley  in  West 
Chester,  1  Pa.  C.  C.  649.    ■ 

An  order  of  court  extending  the  time  for  the  return  of  viewers  is  invalid 
when  made  after  the  end  of  the  term  at  which  it  should  have  been  filed  even 
though  made  at  an  adjourned  session,  with  the  same  effect  as  though  the 
order  was  filed  on  the  first  day  of  tin-  last  term  :  In  re  Road  in  Salem  Town- 
ship, 108  Pa.  250. 

The  report  of  viewers  must  be  made  at  the  next  term  of  court  after  their 
appointment.  If  for  any  sufficient  reason  the  report  cannot  be  made  at  the 
next  term,  the  proper  course  is  to  continue  the  order  to  view  and  to  make 
it  returnable  to  (lie  next  succeeding  term;  but  this  must  be  done  before  the 
order  has  expired:  Upsal  Street,  22  Super.  Ct.  150;  Sewicklcy  Township 
Road,  26  Super.  (Jt.  572;  Frankstown  Township  Road,  26  Pa.  //72;  lleidcl- 
burfi  Township  Road,  '/?  1'n.  536.  (These  cases  arose  prior  to  the  Act  of 
Mar.  IN,  1903,  P.  L.  28). 

After  a  proceeding  for  opening  a  read  has  been  conducted  in  accordance 
with  tlie  general  road  law,  terminating  in  the  absolute  confirmation  of  (he 
report  of  viewers,  the  court  has  no  discretionary  power  to  set  aside  the 
confirmation:     Road  in  Muhlenburg  Township,  4  Berks  176. 

When  in  fact  there  are  no  improvements  on  the  land  penetrated  by  the 
road,  it  is  not  necessary  that  the  report  or  draft  attached  to  the  report  should 
expressly  negative  their  existence:  Vacation  of  Road  in  Bearer  Town- 
ship, 28  D.  R.  OS!). 

While  the  report  cf  viewers  should  set  forth  the  improvements  on  the  land 
over  which  the  road  passes  the  road  will  not  be  set  aside  for  noncompliance 
with  this  rule  where  the  draft  shows5  the  residences  of  at  least  two  of  the 
adjoiners  of  the  proposed  road  plainly  set  out  which  would  indicate  that  the 
land  was  improved,  and  no  proof  is  produced  of  the  existence  of  any  other 
improvements:     Road  in  Mount  Joy  Township,  25  Pa.  C.  C.  111. 

The  plot  or  draft  required  by  this  section  to  be  attached  to  the  report  of 
the  viewers  is  sufficient  though  made  by  some  one  not  a  viewer,  if  adopted  and 
affirmed  by  them:     In  re  Road  in  Strasbury  Township,   15  I).  R.  666. 

Where  a  report  states  that  a  plot  or  draft  of  the  road  is  returned  "showing 
courses  and  distances,  and  noticing  briefly  the  improvements  over  which  it 
passes,"'  but  in  fact  no  improvements  whatever  are  noted  either  in  the  re- 
port or  in  the  plot  tin-  proceedings  will  be  set  aside:  U'llara  Township 
Road,   152  Pa.  S19. 

The  draft  required  to  be  annexed  and  returned  to  the  court  by  this 
section   need   not   be    at  (ached  by   the    viewers   but   may  be   appended  by  any 

person   whom  the  viewers  authorize  to  do  so:     Nciv  Hanover  Road,  IS  Pa. 

>  in 

.'v  w '/  * 

When  the  report  of  viewers  does  uoi  mention  improvements  along  the  line 
of  the  road,  the  presumption  is  that  there  are  none,  but  if  the  presumption  is 
repelled  by  other  facts,  such  as  the  asessment  of  damages,  the  report  must 
mention  the  improvements  and  the  failure  to  do  so  is  fatal  to  the  proceedings: 
In  re  Road  in  the  Borough  of  Bellcvernon,  15  W.  N.  C.  232;  Lcet  Township 
Road,  159  Pa.  159. 

The  provisions  of  this  section  requiring  viewers  to  note  briefly  the  im- 
provements through  which  the  road  may  pass  are  not  complied  with  by  merely 
writing  the  words  "improved  lands"  at  various  places  on  the  draft  attached 


821 

to  the  report.     When  a  report   is  defective  because  it   fails  to  note  improve- 
ments, the  defect  cannol  be  taken  advantage  of  after  confirmation  ad  in  the 

appellat irl    where  no  exceptions  were  taken   thereto  in   the  court  below: 

Road  in  I  pper  Derby  Township,  l~>  Super.  Ct.  652. 

It  is  essentia]  thai  either  the  reporl  or  the  drafl  show  the  improvements 
along  the  line  of  the  proposed  road,  and  an  omission  to  do  so  is  fatal.  Such 
omission  however  is  amendable  and  the  reporl  can  1"'  referred  back  to  tli<' 
viewers  for  amendment:     Road  in  Dover  Township,  12  York  20. 

The  draft  required  by  this  section  is  an  essential  pari  of  the  report  and  is 
to  be  considered  as  a  pari  thereof  in  passing  upon  the  designation  of  the 
Termini:  Roche's  Private  Road,  10  Super.  Ct.  87;  O'Hara  Township  Road, 
152  I'd.  319;  Road  in  Smith  Abington  Township,  109  Pa.  lis. 

Where  ce-reviewers  report  and  recommend  "the  same  road,  with  its  courses 
and  distances  as  reported  by  the  viewers  in  their  case'*  the  emission  to 
attach  a  copy  of  the  plan  returned  by  the  viewers,  to  their  report,  is  not  a 
fatal  defect:     Stowe  Township  Road,   10  Super.  Ct.    ',<>',. 

Where   the   report    of  viewers  states   that   "they   were   severally   sworn   in    the 
form  and  manner  prescribed  by  the  said  order   (appointing  them)   and  accord- 
•  ing  to  law"  it  will  be  presumed  thai   they  were  sworn  in  the  form  required  by 
the  Act  of  Assembly:     Road  in  Smith  Abington   Township,  109  Pa.  lis. 

Where  it  appears  from  the  face  of  the  record  that  the  viewers  were  "duly 
sworn"  and  no  one  of  the  exceptions  filed  refers  to  a  defect  in  the  form  of  the 
cath,  it  will  he  presumed  thai  the  oath  was  in  the  form  prescribed  by  the 
statute:     Road  in  Nescopeck  Township,  J  York  20. 

A  report  of  viewers  will  be  confirmed,  although  one  of  the  viewers  did  not 
actually  subscribe  his  name  to  the  oath,  if  the  report  states  that  all  the 
viewers  were  sworn:  Vacation  of  Public  Road  in  Hearer  TownsMp,  28  D. 
A'.  989. 

The  presumption  is  that  the  viewers  were  qualified  for  appointment,  al- 
though the  order  is  silent  on  the  subject  and  on  appeal  no  one  can  be  heard 
to  allege  the  contrary:     Derry  Township  A'"'"/.  //  Super.  <'t.   ?•!.'. 

It  is  error  for  the  courl  to  confirm  a  report  of  viewers  made  in  pursuance 
of  an  order  abandoned  or  not  followed  up  as  the  statute  prescribes:  Franks- 
town  Township  Road,  26  /*"•    'P2. 

Clerical  errors  in  a  reporl  of  viewers  appointed  to  lay  out  a  public  road 
should  be  referred  by  the  court  to  the  viewers  before  confirmation :  Boyer's 
Road.  37  Pa.  257. 

1.740.  Viewers,  or  juries  of  view,  appointed  by  any  court  of  this 
Ccttnmonwealth  to  assess  the  damages  ami  benefits,  due  to  the  taking, 
injury  or  destruction  of  private  property,  in  and  by  the  construction 
or  enlargement  of  any  public  work,  highway  of  improvement,  shall 
make  their  reports  within  a  time  which  said  courl  shall  fix  when  so 
appointing  them:  Provided.  That  if  any  of  the  viewers,  or  juries  of 
view,  so  appointed,  shall  for  any  good  and  sufficient  reason  appear- 
ing to  1he  court,  he  unable  to  file  its  report  within  the  period  so 
fixed,  the  said  court  may.  in  its  discretion,  either  before  or  after  the 
expiration  of  the  time  fixed,  extend  the  time  for  the  filin<r  of  such 
report  to  such  a  time  as  justice  and  the  circumstances  of  the  case 
may  demand. 

21 


322 

Act  of  March  18,  1903,  P.  L.  28. 

It  is  only  where  the  viewers  are  unable  to  report  from  any  good  and  suf- 
ficient reason  that  the  court  may.  in  its  discretion,  either  before  or  after  the 
expiration  of  the  time  fixed,  extend  the  time  for  nling  the  report.  The 
neglect  or  oversight  ef  counsel  in  failing  to  hie  the  report  is  not  such  a  reason 
as  is  contemplated  by  the  act:  Public  Road  in  Townships  of  Crescent  and 
Moon,  64  P.  L.  -J.  652,  s.  c.  SO  York  1.S0. 

A  proper  case  for  the  exercise  of  the  court's  discretion  is  made  out  where 
it  appears  that  the  non-performance  of  the  reviewers'  duties  was  owing  to 
uncontrollable  circumstances,  thai  the  (mission  sooner  to  ask  for  an  ex- 
tension of  time  was  due  to  counsel's  illness,  and  that  a  refusal  to  afford  an 
opportunity  for  review  would  necessarily  debar  the  petitioners  from  being 
heard  at  all  in  court  in  oppositii  n  to  the  road:  Tulpehocken  Township  Road, 
21  J).  /,'.  756',  s.  c.  3  Berks  381. 

The  power  of  the  courts  to  extend  an  order  of  view  is  expressly  confirmed 
by  this  act:  Beach  Creel-  Township  Road,  3>,  Pa.  C.  C.  510,  s.  c.  11  D.  R. 
581;  Road  in  Cumrtt   Township,  5  Berks,  281. 

This  act  does  not  vie  late  Art.  Ill,  Sec.  21,  of  the  State  constitution,  and 
it  distinctly  repeals  that  portion  of  the  third  section  of  the  Act  of  June  13, 
1836,  P.  L.  551,  which  requires  the  viewers  to  make  report  at  the  next  term: 
Umbria  Street,  32  Super.  Ct.  333.  (Query  :  Does  the  Act  of  Mar.  18,  1903, 
contemplate  juries  of  view  to  open  r<  ads?) 

This  act  repeals  the  mandatory  provision  of  section  3  of  the  Act  of  June 
J'!.  1836,  P.  L.  55>1,  requiring  that  viewers  shall  make  report  at  the  next  term: 
Road  in  Bushkill  Township,  12  North.  C.  R.  118. 

1741.  Whenever  any  report  of  viewers,  or  juries  of  view,  ap- 
pointed l>y  the  court  of  quarter  sessions  of  this  Commonwealth  to 
assess  damages  and  benefits  for  the  opening,  widening,  narrowing  or 
vacating  of  any  road,  street  or  highway,  or  the  taking  of  private  prop- 
erty in  and  by  the  construction  or  enlargement  of  any  public  work, 
highway  or  improvement,  shall  have  been  filed,  the  same  shall  be  con- 
firmed by  the  court  of  quarter  sessions  to  which  the  said  report  is 
made,  at  the  expiration  of  thirty  days  from  the  date  of  the  filing 
thereof,  unless  exceptions  thereto  have  been  filed  within  such  time. 

Sec.  1,  Act  t  f  March  27,  1903,  P.  L.  83. 

Exceptions  to  a  report  of  viewers  should  be  filed  at  the  proper  term  before 
the  confirmation  of  the  report.  They  cannot  be  exhibited  for  the  first  time  in 
the  supreme  court:  Road  in  Collins  Township,  36  Pa.  85:  Road  in  Township 
of  Lackawanna,  112  Pa.  212. 

In  passing  upon  reports  of  viewers  the  judge  of  the  court  of  quarter  ses- 
sions is  vested  with  discretion  to  approve  or  disapprove  the  report:  Benton 
Township  Road,  1^1  Super.  Ct.  57 ;  Public  Road  in  Bensinger  Township,  115 
Pa.   436. 

The  court  will  strike  off  a  decree  of  absolute  confimation  of  a  report  and 
appoint  reviewers  on  a  petition  filed  on  the  fifth  day  of  the  next  term  after 
the  report  filed,  although  it  had  been  confirmed  absolutely  on  the  previous 
day  under  a  rule  of  court  requiring  exceptions  to  be  filed  on  or  before  the 
third  day  of  the  term:  Road  in  Penn  and  Warwick  Township,  11  Lane. 
I j.   R.   331. 

A  conditional  confirmation  of  a  viewers'  report  is  repugnant  to  this  section  : 
Road  in  Lathrop  Township,  84  Pa.  126 ;  Road  in  O'Hara  Township,  87  Pa. 
356. 


323 

1.742.  If  no  exceptions  are  filed  within  the  time  above  prescribed, 
the  reporl  of  the  viewers,  or  jury  of  view,  shall  be  confirmed  by  the 
court;  and  the  party  or  parties  to  whom  an  award  1i;is  been  made, 
and  from  whose  award  no  appeal  has  been  taken,  shall  have  the  right 
to  take  such  further  appropriate  legal  proceedings  as  may  be  neces 
sary  and  proper  i<»  enforce  paymenl  of  said  confirmed  award,  either 
in  nature  of  a  writ  of  madamus.  execution,  or  otherwise. 

Sec.  2,  Ad  of  March  27,  1903,  P.  L.  83.  * 

1.74:5.  In  all  proceedings  before  viewers  for  the  assessment  of 
damages  or  benefits  incident  to  any  public  improvement  in  any  city, 
bprOugh  or  township,  when  the  report  of  viewers  has  been  filed  in 
court,  ;'  shall  be  the  duty  of  such  court  to  confirm  such  report  abso- 
lutely at  the  expiration  of  thirty  days  after  the  filing  thereof,  unless 
in  the  meantime  exceptions  to  such  report  or  any  portions  thereof 
have  been  filed  by  any  party  interested,  or  unless  an  appeal  from  such 
report  or  any  portion  thereof  is  taken  and  demand  for  a  jury  trial  is 
made  before  the  expiration  of  said  period  of  thirty  days  by  any  such 
party  interested.  Where  exceptions  or  appeals  are  taken  as  to  por 
tions  of  any  reporl  the  portions  not  excepted  to  or  appealed  from 
shall  be  confirmed  absolutely  at  the  expiration  of  said  thirty  days. 

An  of  May  10,  1921,  P.  L.  428. 

1744.  Viewers  of  public  roads  or  highways,  and  of  bridges,  shall 
be  entitled  each  to  receive  from  the  county  treasurer  one  dollar  for 
every  day  necessarily  employed  in  that  service,  on  producing  a  cer- 
tificate from  the  clerk  of  the  court  of  quarter  sessions  of  the  respec- 
tive county  that  such  service  has  been  performed  by  them. 

Sec.  59,  Act  of  June  13,  1836,  P.  L.  551. 

Sec    li!. t.  s    tO    Sec.    1751. 

This  section  has  been  supplied  by  section  1,  Act  of  June  5,  1919,  P.  L.  393, 
amending  Sec.   t.  A.c1  of  June  23,  1911,  P.  L.  1123,  which  provides  as  follows: 

"In  counties  having  more  than  one  million  inhabitants  each  member  of 
said  board  of  viewers  shall  receive  an  annual  salary  of  five  thousand  dollars 
payable  quarterly  out  of  the  treasury  of  (lie  proper  county. 

In  counties  containing  less  than  one  million  inhabitants  each  member  of 
the  said  board  of  viewers  shall  receive  and  be  paid  out  of  the  treasury  of  the 
proper  county  the  sum  it'  rive  (5)  cents  per  mile  for  each  mile  actually  ami 
necessarily  traveled  by  him  in  the  performance  of  the  duties  of  his  office;  and 
each  member  of  the  said  hoard  of  viewers  shall  receive,  and  be  paid  out  of  the 
treasury  of  the  proper  county,  the  sum  of  seven  and  fifty  one-hundredth 
(hilars  (.$7.50)  per  day  for  each  day  actually  and  necessarily  spent  by  him 
in  performance  of  the  duties  of  his  office.  The  same  shall  be  paid  monthly 
under  such  conditions  as  to  verification  of  time  of  employment  as  may  be 
prescribed  by  the  rules  and  regulations  which  shall  be  made  in  that  behalf  by 
the  courts  of  the  respective  counties. 

The  <•<  sts  of  an  original  road  view,  although  the  report  is  adverse,  should 
he  paid  by  the  county:   Road  in    West  Donegal  Totonship,    1$  D.  R.  88. 


324 

Northumberland  county  is  liable  for  the  compensation  of  viewers  of  public 
roads  within  its  boarders:  Bower  v.  County  of  North umberlan\i,  1  Northum- 

l.  v.  :rh 

1745.  If  the  court  shall  approve  of  the  report,  of  the  viewers,  al- 
lowing a  road,  they  shall  direct  of  what  breadth  the  road  so  approved 
shall  be  opened.  And  at  the  next  court  thereafter,  the  whole  pro- 
ceedings shall  be  entered  on  record,  and  thenceforth,  such  road  shall 
be  takeu,  deemed  and  allowed  to  be  a  lawful  public  road  or  highway, 
or  private  road,  as  the  case  may  be. 

Sec.  4.  Act  of  June  13,  1836,  P.  L.  551. 

Whether  the  court  approved  the  report  of  the  viewers  at  the  time  it  is 
returned  or  at  a  subsequent  court,  the  road  cannot  be  entered  upon  record 
as  a  read  before  the  next  court  following  that  at  which  it  shall  have  boon 
approved  and  at  which,  the  order  shall  have  been  made  directing  it  to  be 
opened  of  a  certain  breadth.  If  a  petition  for  a  review  be  presented  at 
the  next  court  after  the  report  of  the  viewers,  reviewers  shall  be  appoint- 
ed and  the  order  for  opening  the  road  is  thereby  superseded :  Road  in  Bucks 
County,  3  Wharton  105;  Road  in  Middle  Creel:  and  Union  Toionships,  9  Pa. 
69;  Road  in  Pitt  Township,  1  Pa.  356;  Road  in  Swings  Mill,  82  Pa.  282; 
Road  in  Montrose.  If  W.  &■  S:  39 ;  Road  in  Township  of  Lackawanna,  112  Pa. 
212;  Hempfield  Township  Road.  122  Pa.  J/39 ;  Derry  Township  Road.  It 
Super.  Ct.  232;  Commonwealth  v.  Plymouth  Township,  13  Super.  Ct.  209: 
Lower  Allen  Township  Road,  18  Pa.  C.  C.  298;  Croyle  Township  Road.  37 
Super.  Ct.  57;  Cherry  Street.  Norristown,  8  Phila.  501. 

It  is  fatal  to  the  confirmation  of  a  public  road  that  no  order  was  made  by 
the  court  respecting  the  width  of  it:  Road  Case.  .'/  W.  &  S.  39;  Road  in 
Pitt  Township.  1  Pa.  356:  Road  in  Norriton  and  Whitpaiv  TownsMps,  't  Pa. 
337:  Road  in  Ewings  Mill,  32  Pa.  282;  Fermanagh  Road,  1  Super.  Ct.  53/,: 
Road  in  Worth  FrankUn  Township,  8  Super.  Ct.  358;  Derry  Township 
Road.  11  Super.  Ct.  23,2:  Roaii  in  Bloomsbiirg  and  Scott  Townships. 
11  D.  R.  93:  Road  Case,  3  IF.  &  S.  559:  Mario,,  Street  in  City  of  Lancaster. 
10  Lane.  L.  R.  175;  but  see  Clowe's  Road,  2  Grant  129. 

It  is  not  in  the  power  rf  the  court  to  approve  a  report  of  viewers  nunc 
pro  tunc  and  immediately  to  issue  an  order  to  open:  Road  in  Ewings  Mill, 
32  Pa.  2*2:  Road  in  Township  of  Lackawanna,  112  Pa.  212:  Derry  Township 
Road.  11  Super.  Ct.  232:  Lowd.  Allen  Township  Road  IS  Pa.  C.  C.  .298: 
Croyle  Township  Road,  37  Super.  Ct.  57. 

It  is   to  be   presumed   that  being   appointed   to   lay   out   a   public  road   the 

viewers  would  estimate  en  the  usual  width  in   assessing  damages,  and  if  the 

•  court  in  fixing   the  width  should  adopt  a  greater  width   the  persons  through 

whose  land  the  road  passes  would  have  their  remedy  by  appeal:     Fermanagh 

Road,  1  Super.  Ct.  53).  hut  see  Road  in  Dover  Township.  12  T<n-k  26. 

A  formal  order  to  open  which  the  clerk  issues  as  of  course  upon  the  final 
confirmation  of  a  report  is  not  necessary  to  complete  the  proceedings : 
Delaware  County  Appeal.  1  Super.  Ct.  202/. 

The  court  has  no  power  when  fixing  the  width  of  a  proposed  road  to  make 
an  order  which  would  have  the  effect  of  widening  that  portion  of  an  old  road 
along  which  the  new  n  ad  lias  been  located  fur  tin1  purpose  of  reaching  its 
termination:     Road  in   liloomsburg  and  Scott  Townships,   11  D.  R.  93. 

The  proceedings  for  laying  out  and  opening  a  new  road,  and  for  widening 
a  street  are  governed  by  the  same  rules :     Cherry  Street,  8  Phila.  501. 


:<25 

1741!.  The  breadth  of  a  private  road  small  nol  in  any  case,  exceed 
twenty  five  feel  and  the  width  <>r  a  public  road  shall  qoI  be  less  than 
thirty-three  feel  nor  mine  than  one  hundred  and  twenty  feet. 

Sec.  ."..  Act  .t"  June-13,  1836,  P.  L.  551,  as  amended  by  Sec.  1.  Art  ,,f 
April  6,  1921,   P.  Ty.  111. 

Repealed  by  Act  of  July  14.  1917,  P.  L.  980  as  to  public  roads  in  firsi 
class  townships.  For  provisions  relating  to  the  width  of  public  roads  in  first 
class  townships  sit  Section  510. 

It  is  error  to  fix  the  width  of  a  private  road  at  twenty-three  feet,  thr 
act  limiting  the  width  to  twenty-five  feet  :   Killbuck  Private  Road,  11  Pa.  39. 

General  authority  to  widen  roads  was  given  by  the  act  of  May  8,  1850, 
I\  L.  715,  amending  the  above  section  5,  Act  of  1836,  P.  L.  555.  The 
act  of  .Tun.'  7.  li)07,  P  L.  4.~>-J.  limited  the  width  of  public  roads  to  eighty 
feet.  These  general  laws  did  not  have  the  effect  to  repeal  the  local  Act  of 
April  13,  1843,  P.  L.  218,  relating  to  Erie  County,  but  control  the  width  of 
a    road:      Lowry   Appellant    v.   Millcreek   Township,  61  Super.   Ct.  285. 

It  is  not  improper  for  the  viewers  to  suggest  the  width  of  the  road  at 
the  time  of  filing  their  report:  Road  in  Loiter  Windsor  Township,  30  York 
I  't8. 

It  is  error  for  the  court  to  fix  the  width  of  a  road  at  twenty-five  feet  after 
the  jury  had  fixed  the  width  at  twenty  feet  and  assessed  damages  as  of  that 
width:     l\'i>iul   in   Dover   Township,    12   York  20. 

1747.  The  owner  of  any  land  through  which  a  public  road  shall  be 
opened  as  aforesaid,  may,  within  one  year  from  the  opening  of  the 
same,  apply  by  petition  to  the  court  of  quarter  sessions  of  the  proper 
county,  setting  forth  the  injury  which  he  or  she  may  have  sustained 
thereby,  and  thereupon  the  said  court  shall  appoint  six  disinterested 
persons  to  view  the  premises  and  assess  the  damages  if  any,  which 
such  petitioner  may  have  sustained. 

Sec.  7.  Act  of  June  13,  1836,  P.  L.  551. 

This  section  is  impliedly  amended  in  so  far  as  the  number  of  persons  to 
be  appointed  as  viewers  is  provided  for,  by  Sec.  5,  of  the  Act  of  June  23,  1911, 
P.  L.  1123.     See  Sec.  1126. 

Damages  for  the  opening  of  a  public  road  may  now  be  assessed  by  the 
viewers  appointed  to  lay  out  the  road  under  the  provisions  of  the  Act  of  May 
14,  1874,  P.  L.  104.     See  Sec.  1738. 

The  word  "opened"  in  connection  with  this  act  means  the  actual  taking  of 
the  ground  and  the  party  entitled  to  the  damages  is  the  owner  at  the  time  of 
the  actual  taking,  that  is,  the  opening  of  the  road,  and  not  the  owner  at  the 
time  of  confirmation  of  the  report:  Mann  v.  County  of  Allegheny  ct  ah, 
65  P.  /..  J.  816;  Meginnis  r.  Nunamaker,  64  Pa-  314 

1748.  Petitions  for  the  assessment  of  damages  for  the  opening  or 
widening  of  any  street,  road  or  highway,  when  the  damages  arc  not 
assessed  by  the  view  opening  the  road,  may  be  filed  in  the  court  of 
quarter  sessions  within  the  period  of  six  years  from  rite  confirmation 
of  a  report,  or  the  entry  of  a  decree  opening  the  said  street,  road  or 
highway,  or  within  six  years  from  the  date  of  notice  of  the  intended 


326 

opening  of  the  same,  under  an  ordinance  or  resolution  duly  passed, 
but  not  thereafter.  All  claims  shall  be  forever  barred  after  the  ex- 
piration of  the  said  period  of  six  years. 

Act  cf  May  23,  1891,  P.  L.  109. 

The  limitation  prescribed  by  the  act  begins  to  run  from  the  date  of  thp 
notice  of  the  intended  opening,  and  not  from  the  date  of  the  ordinance  nor 
from  the  date  of  the  approval  of  the  bond:  Whitby  A  renin.  12  Super.  Ct. 
526. 

It  seems  that,  under  this  act,  viewers  may  be  appointed  to  assess  damages 
for  taking  land  for  a  road  where  the  viewers  who  laid  out  the  road  failed  to 
make  assessments  or  secure  releases:  Allegheny  Township  Road,  19  Pa.  C. 
C.  SO;  Road  in  Pine  Creek  Township,  17  D.  R,  86,  s.  c  :>>,  Mont.   9. 

1740.  The  viewers  so  appointed  shall  make  report  in  writing  to 
the  next  court  of  quarter  sessions,  and  if  their  report  be  approved  by 
the  court,  the  amount  of  damages  awarded  shall  he  paid  by  the  coun- 
ty treasurer,  out  of  the  county  stock,  to  the  party  entitled  thereto. 

See.  8,  Ad  of  June  13,  1836,  P.  L.  551. 

In  any  proceedings  under  the  General  Road  Law  for  the  assessment  of 
damages  for  the  opening  of  a  street  the  court  of  quarter  sessions  may  permit 
the  landowner  in  whose  favor  the  viewers  have  awarded,  to  remit  a  part  of  his 
damages,  and  may  confirm  the  report  for  the  balance  of  the  award  :  ///  the 
matter  of  the  Opening  of  Wharton  Street,  48  Pa.  .'/H7. 

The  damages  found  and  confirmed  shall  be  paid  to  the  owner  through  whost 
land  the  road  is  opened.  The  party  to  whom  the  damages  are  awarded  in  the 
first  instance  has  no  vested  right  to  receive  them  until  the  final  order;  and  if, 
before  that,  lie  sells  and  conveys  the  land,  the  right  to  receive  them  pass  s 
with  the  land  to  the  vendee,  unless  prevented  by  some  special  agreement. 
The  vendee  may  recover  the  damages  from  his  vendor  to  whom  they  wi  re 
paid  by  the  county  treasurer:  Meginnis  r.  Nunamaker,  (I '/  Pa.  37  \ :  Mann 
v.  Allegheny  County,  et  at.,  65  P.  L.  J.  316. 

On  question  of  ownership  and  right  to  damages  by  a  vendee  not  in  posses- 
sion, see  Fifth  Street,  22  Super.  Ct.  21J,. 

'Where  a  road  is  laid  out  and  opened  in  a  township  of  flic  second  class  on 
petition  of  taxpayers  in  proceedings  under  this  act  and  its  supplements,  the 
county  and  not  the  township  is  liable  for  damages  done  to  property  through 
which  the  road  passes :      Woodward  v.  Fayette  Co.,  258  Pa.  375. 

The  Act  of  May  27,  1913,  P.  L.  633,  does  not  change  the  law  as  to  who  is 
liable  for  the  damages  for  the  opening  and  vacating  of  public  roads.  Dam- 
ages for  opening  a  road  in  a  township  of  the  second  class  are  properly  asses- 
sed against  the  counties:  Road  in  Fulton  Township,  23  D.  R.  678,  s.  c.  31 
Lane.  L.  R.   13',.  28    York  Qlh 

1750.  In  all  cases  of  assessment  of  damages  for  the  opening  or 
widening  of  any  street  or-  highway  in  any  borough,  city,  or  other 
municipality,  in  this  Commonwealth,  the  award  of  damages,  if  any, 
shall  include  all  damages  due  to  the  grade  at  which  said  street  or 
highway  is  to  be  opened  or  widened,  and  the  plan  attached  to  the  re- 
port of  the  viewers  awarding  the  damages  shall  have  therein  a  pro- 


327 

file  plan  showing  the  existing  grade,  as  well  as  the  grade  to  which 
said  street  is  to  be  opened  and  widened. 

Sec.  1.  An  of  June  15,  L915,  P.  L.  985. 

Repealed  by  Act  of  Julj    I  I.  1  i » 1 T .  P.  L.  998,  in  bo  Ear  as  relates  to  town- 
ships of  the  first  class. 

1751.  The  expense  of  the  view  to  assess  the  damages  sustained  by 
the  owner  of  land  taken  as  aforesaid  I'm  a  public  road,  shall  be  paid 
by  the  respective  counties:  and  the  expense  of  such  view,  in  the  case 
of  a  private  road,  shall  be  paid  by  (lie  person  or  persons  at  whose 
instance  the  same  was  allowed. 

Sec.  55,  Act  of  Juno  13,  183G,  P.  L.  551. 

The  net  of  May  13,  1874,  P.  L.  138,  as  amended  by  the  Act  of  June  25, 
1895,   I'.  L.  284.   provided   thai   "the  pay  of  viewers  ami   reviewers 

shall  be  paid  by  the  proper  county  in  all  cases  al  the  time  of  the  si-ssion  or 
term  of  court  to  which  their  report  is  rendered  and  tiled,  and  the  petitioners 
asking  for  their  appointment  shall  pay  the  same  amount  into  the  county 
treasury  in  all  such  cases  as  the  court,  by  order,  may  direct,  and  the  court 
may  require  said  petitioners  to  file  a  bond,  together  with  their  petition  in 
a  sufficient  sum  to  secure  the  payment  of  the  same  when  the  case  is  concluded." 
This  act  was  repealed  as  to  townships  by  the  General  Township  Act.  This 
would  seem  to  reinstate  the  above  section  under  which  the  expenses  of  the 
view  were  paid  by  the  county,  and  under  which  in  Warriorsmark  Twp.  Road, 
126  l'n.  305,  Neivville  Road  Case,  £  Watts  172,  and  Hopewell  Twp.  Road, 
12  I'a.  C.  C.  517.  it  was  held  that  the  expenses  of  reviewers  was  not  payable 
by  the  county;  but  it  would  seem  that  all  costs  and  expenses  of  views  and 
reviews  are  now  paid  by  the  county  under  the  provisions  of  the  Act  of  June 
■i:\.  1911,  P.  L.  1123.     SeeReber's  Petition,  235  Pa.  622. 

1752.  Provided,  That  in  assessing  the  damages  as  aforesaid,  the 
viewers  shall  take  into  consideration  the  advantages  derived  from 
such  road  passing  through  the  land  of  the  complainant. 

*   Sec.  !).  Act  of  June  13,  1836,  P.  L.  551. 

It  is  not  necessary  that  the  report  of  the  viewers  should  state  that  in  the 
assessment  of  damages  they  have  taken  into  consideration  the  advantage  ac- 
cruing to  the  land  owner  from  the  opening  of  the  road.  It  will  be  presumed 
that  the  viewers  performed  their  duty  and  that  all  tilings  were  rightly  done 
unless  the  contrarj  is  shown:  Road  in  South  Abington  Township,  109  Pa. 
US. 

1753.  The  7th,  8th  and  9th  sections  of  the  act  of  the  15th  June 
L836,  entitled  "An  act  relating  to  roads,  highways  and  bridges,"  shall 
lie  construed  to  apply  to  claims  for  damages,  in  consequence  of  in- 
juries sustained  from  the  location  and  opening  of  a  road,  under  I  lie 
provisions  of  any  special  act  of  assembly,  unless  where  the  same  is 
otherwise  provided  for  by  law. 

Resolution  of  May  29,  1840.  P.  L.  740. 

See  Sharett's  Road.  8  Pa.  89;  Yost's  Report,  17  Pa.  524;  Smedley  v.  Train. 
51  Pa.    ',',5;  Township  of  East  Union  v.  Comrey,   1<><>   I'a.  362. 


328 

1754.  In  nil  cases  where  a  jury  of  view,  review  or  re-review,  ap- 
pointed by  any  court  of  quarter  sessions  in  this  Commonwealth,  has 
or  shall  hereafter  assess  damages  for  the  laying  out,  widening,  grad- 
ing, opening  or  changing  the  lines  of  [or]  grades  of  any  public  street, 
road  or  alley  in  this  Commonwealth,  the  county  commissioners  of 
the  proper  county,  or  the  city  or  other  municipal  corporations  re- 
quired to  pay  the  damages,  or  any  owner  or  tenant  of  property 
through  which  said  public  street,  road  or  alley,  has  been  or  shall  be 
laid  out,  widened,  graded,  opened  or  changed,  or  which  is  affected  by 
the  change  of  grades,  shall  have  the  right  to  appeal  to  the  court  of 
common  pleas  of  the  proper  county,  from  the  decree  of  the  court  of 
quarter  sessions  confirming  the  award  of  such  jury,  for  the  determin- 
ation of  the  question  of  damages  by  a  jury,  according  to  the  course  of 
the  common  law:  Provided,  The  appeal  be  taken  within  thirty  days 
after  the  final  confirmation  of  the  report  of  said  jury:  Provided, 
That  notice  be  given  to  the  commissioners  of  the  proper  county  or 
their  clerk,  of  the  time  and  place  of  holding  such  view. 

Sec.  1,  Act  of  April  15,  1891,  P.  L.  17. 

The  second  proviso  of  this  Act  "Provided,  That  notice  be  given  to  the  com- 
missioners of  the  proper  county  or  their  clerk,  of  the  time  and  place  of  hold- 
ing such  view,"  violates  section  3,  Article  3  of  the  Constitution  inasmuch 
as  the  subject  of  the  proviso  is  not  so  eleai'ly  expressed  in  the  title  of  the  act 
as  to  give  any  notice  of  the  legislative  intent :  In  re  Road  in  Otto  Township. 
181  Pa.  390. 

This  act  is  superseded  by  the  Act  of  May  26,  1891,  P.  L.  116,  Heist  v. 
Montgomery  Co.,  1  D.  It.  5^6;  Public  Road  in  East  Earl  Township,  28  Lane. 
L.  R.  409. 

The  findings  of  fact  of  viewers  may  be  inquired  into  by  the  court  upon 
exceptions  and  may  be  set  aside,  if  grossly  and  palpably  erroneous.  The  ex- 
ceptions filed  may  be  supported  by  testimony  before  the  court:  Walnut 
Street,  24  Super.  Ct.  114. 

• 

1755.  Any  appeal  taken  pursuant  to  this  act  shall  be  signed  by  the 
party  or  parties  taking  the  same,  or  by  his  or  their  agent  or  attorney, 
and  shall  be  accompanied  -by  an  affidavit  of  the  party .  appellant,  or 
his  or  their  agent  or  attorney,  that  the  same  is  not  taken  for  the 
purpose  of  delay,  but  because  the  affiant  firmly  believes  that  injus- 
tice has  been  done. 

Sec.  2,  Act  of  April  15,  1891,  P.  L.  17. 

The  entertainment  of  viewers  by  a  party  in  interest  is  contrary  to  public 
policy  and  the  courts  will  not  draw  the  line  between  harmless  and  improper 
entertainment.  Such  entertainment  is  sufficient  ground  for  setting  the  report 
aside :     Road  between  Priceville  and  Scott  Township,  1  Lack.  J.  170. 

1756.  Whenever  any  report  of  viewers,  appointed  by  any  court  of 
quarter  sessions  to  assess  damages  for  the  opening,  widening  or 
change  of  grade  of  any  street,  road  or  highway,  shall  be  confirmed  by 


32!) 

the  court  of  quarter  sessions  to  which  tin*  Baid  report  is  made,  an 
appeal  may  be  taken  from  the  said  court  of  quarter  sessions  by  any 
party  aggrieved  by  the  said  decree  of  confirmation,  to  the  courl  of 

common  pleas  in  said  county  for  a  trial  of  the  quest  i< I  damages 

by  jury,  according  to  the  course  of  common  law.  within  thirty  days 
from  the  entry  of  said  decree  of  confirmation  by  the  court  of  quarter 
sessious.  and  not  afterwards. 

Sec.  1.  A.-t  of  May  26,  1891,  P.  L.  116. 

IToT.  Any  appeal  taken  in  pursuance  of  this  act.  shall  lie  signed 
by  the  party  or  parties  taking  the  same,  or  by  lib  or  their  agenl  or 
attorney,  and  shall  he  accompanied  by  an  affidavit  of  the  party  ap- 
pellant, or  of  its.  his  or  their  agenl  or  attorney,  that  the  same  is  not 
taken  for  the  purpose  of  delay,  but  because  the  affiant  firmly  believes 
that  injustice  has  been  done. 

Spc.  2.  Act  of  May  26,   1891.   !'.  L.   116. 

The  appeal  under  this  acl  may  relate  only  to  the  amount  of  damages, 
not  to  the  findings  as  to  necessity,  width,  location,  etc.,  of  the  road:  In  re 
Private  Raad  of  Wright  in  Black  Creek  Township,  !'■>  Luz.  SI. 

Thi'  decree  referred  to  in -this  act  means  tin'  final  confirmation  of  the  report 
ami  an  appeal  therefrom  must  lie  taken  within  thirty  days  from  the  entry  of 
such  final  confirmation :  Cheltenham  Township  Road,  II  Pa.  C.  C.  611: 
Heist  r.  Montgomery  Co.,  I  D.  R.  5Jf6. 

An  appeal  from  tin*  report  of  a  road  jury  assessing  damages,  filed  before 
the  final  confirmation  of  said  report,  is  premature  and  will  bo  stricken  off: 
TTeist  v.  Montgomery  ('(unit a,  1  D.  R.  5fy6. 

This  act  does  not  apply  to  appeals  from  assessments  of  damages  for  the 
vacation  of  streets  :     Ball  Street  No.  2,  21  Pa.  C.  C.  600. 

This  act  sives  an  appeal  from  the  decree  confirming  the  report  and  is  not 
in  conflict  with  nor  does  it  repeal  the  Act  of  June  13,  1874,  T.  L.  283, 
which  save  an  appeal  from  the  award  of  the  viewers.  The  two  systems  are 
not  irreconcilable  but  may  run  together  with  entire  harmony:  Vernon  Parle. 
Philadelphia's  Appeal.   16.1  Pa.  10. 

A  rule  to  show  cause  is  not  necessary  to  the  validity  of  an  appeal.  The 
appeal,  if  in  proper  form  and  within  the  lime  limited,  is  a  matter  of  right 
and  not.  within  the  discretion  of  the  court.  An  appeal  will  he  sustained  if 
entered  in  the  quarter  sessions  within  thirty  days  from  the  confirmation  of  the 
report.  The  certificate  or  transcript  of  the  appeal  need  not  be  entered  in 
the  common  ideas  within  the  thirty  days:  Mansfield  Borough's  Appeal, 
158  Pa.  31',. 

The  party  taking  an  appeal  under  this  act  submits  his  claim,  so  far  as 
the  question  of  damages  is  concerned,  to  the  jurisdiction  of  the  common  pleas, 
and  cannot,  pending  the  appeal,  invoke  the  jurisdiction  of  the  quarter  sessions 
upon  that  question:  Walnut  Street,  ?/  Super.  Ct.  11);  Widening  of  Chest- 
nut Street,  128  Pa.  21',. 

A  landowner  is  entitled  to  an  appeal  under  this  act,  to  the  common  pleas 
court  from  the  report  of  a  road  jury  refusing  him  danfages,  although  under 
a  local  act  the  report  of  the  jury  is  final:  Kohler  v.  Butler  County,  31  Super. 
ct.  S05;  In  re.  Public  /»'<"«/  in  East  Earl  Township,  .'.s1  I.anc.  L.  T7.  /".'' 
This  act  does  not  repeal  the  Act  of  May  24,  1878,  P.  1>-  129:  CorreU' 
v.  Mt.  Jeweti  Boro,  J,9  Super.  Ct.  118. 


330 

1758.  In  all  cases  of  views  for  any  purpose  mentioned  in  this  act, 
the  respective  court  shall,  on  petition  of  any  person  interested,  direct 
a  second  view  or  review  for  the  same  purpose:  Provided,  That  appli- 
cation therefor  be  made  at  or  before  the  next  term  of  the  said  court, 
after  the  report  upon  the  first  view. 

Sec  25,  A<-t  of  June  13,  1836,  P.  L.  551. 

No  review  is  allowable  where  there  has  been  no  report  either  in  favor  of 
or  against  the  road  or  street  asked  for.  The  proper  course  is  to  apply  to 
the  court  to  set  aside  the  appointment  of  viewers  and  to  appoint  new  ones: 
Charlotte  Street,  23  Pa.  286. 

It  is  obligatory  upon  the  court  in  road  cases  to  grant  a  review  on  petition 
being  filed  at  or  before  the  next  term  after  the  report  of  viewers  is  filed, 
even  though  a  decree  of  absolute  confirmation  of  a  report  of  viewers  has 
been  entered :  Road  in  Penn  and  Warwick  Townships,  11  Lane.  L.  R. 
331. 

Under  this  section  a  review  is  a  matter  of  right  provided  application 
therefor  by  a  party  interested  be  made  at  or  before  the  next  term  of  court 
after  the  report  upon  the  first  view:  Overfield  Township  Road,  25  Super.  Ct. 
5;  Leet  Township  Road,  159  Pa.  72;  Road  in  Indiana  County,  51  Pa.  296. 

A  rule  of  court  prescribing  that  a  petition  for  a  review  must  be  ms  'e 
before  the  expiration  of  the  first  week  of  the  term  succeeding  that  in  which 
the  report  of  viewers  is  filed,  is  a  valid  rule  and  not  in  conflict  with  the 
above  section  :     Hampton  Township  Road,  12  Super.   Ct.  J/84- 

Reviews  made  by  reviewers  appointed  under  this  section  are  subject  to 
the  same  rules  which  regulate  vEews.  The  reviewers  are  to  be  governed  by 
the  provisions  already  made  in  respect  to  the  first  view :  Heidelberg  Town- 
ship Road,  Jf7  Pa.  536. 

The  application  for  appointment  of  reviewers  must  be  made  at  or  before 
the  next  term  of  the  court  following  the  report  on  the  first  view  and  it  is  a 
fatal  objection  that  the  petition  for  a  review  was  not  presented  or  acted 
upon  until  two  years  after  filing  of  the  original  report :  Road  in  Indiana 
County,  51  Pa.  296:  Road  in  West  Bradford  Toumship,  2  Chester  313. 

The  appointment  of  reviewers  on  a  petition  filed  with  one  term  intervening 
is  too  late:  Road  in  Upper  Yoder  Township,  61  Super.  Ct.  39fy;  Sea-ton 
Township  Road,  62  Super.  Ct.  519;  Road  in  Lackawanna  Toivnship,  112  Pa. 
'.12;  Vernon  Township  Road,  70  Pa.  23;  Palmer  Township  Road,  k  D.  R.  568. 

A  review  may  bo  applied  for  at  the  same  time  or  at  the  next  term  after 
the  view  is  returnable,  but  an  order  for  review  issued  at  the  term  at  which 
the  view  is  returnable  must  be  returned  at  the  next  term.  The.  refusal 
of  the  court,  on  motion  of  petitioners,  to  continue  the  order  for  review  is  a 
matter  of  discretion  and  is  not  assignable  as  error ;  Duff's  Private  Road, 
66  Pa.  459. 

Under  this  section  application  may  be  made  any  time  within  the  "next 
term"  and  the  time  for  filing  the  petition  for  review  does  not  expire  on  the 
first  day  of  the  term  :     Mifflin   Township  Road,  16  Pa.  C.  C.  7 If. 

An  order  to  review  a  road  may  be  reviewed  and  continued  by  the  court 
from  time  to  time,  but  an  order  having  expired  prior  to  its  execution,  all 
subsequent  proceeding  ler  it  are  "unauthorized ;  Road  in  Reserve  Town- 
ship, 2  Grant" 204. 


331 

Under  this  section  a  petition  for  the  appointment  of  reviewers  must  bo 
presented  in  open  courl  and  nol  to  a  judge  al  chambers  within  the  next 
term  after  the  filing  of  the  reporl  in  courl  :  Public  Road  in  East  Pennsboro 
Township,    16  D.  R.  920. 

A  ]><-t it i<tii  for  the  appointmenl  of  reviewers  under  tliis  section  must  be 
for  the  sam<  purpose  as  thai  for  which  the  viewers  were  appointed:  Frank- 
lin Totonship  Road,  J"  Pa.  C.  C.  /*}.•  Road  near  I. a  Orange  Station,  Y'< 
Pa.  •'.  C.  .0>83. 

The  provision  of  this  section  limiting  the  time  for  the  filing  of  :i  petition 
\'nr  a  review  does  nol  apply  to  a  petition  for  damages:  In  repetition  oj 
Lewis  Palmer,  I  Del.  269:  Newvillt    Road  Case,  8   Walls  112. 

The  appointmenl  of  one  of  the  orginal  petitioners  for  ;i  road  as  a  reviewer 
is  an  irregularity  thai  is  fatal  to  all  proceedings  subsequenl  to  the  presenta- 
tion of  the  petition  of  th%  appointmenl  of  reviewers:  Ohio  and  Ross 
Township   Road,    166   Pa.    182. 

The  courl  has  no  jurisdiction  to  appoinl  reviewers  withoul  being  petitioned 
to  do  so :     Road  in  Upper  Yodcr  Township,  129  Pa.  6Ifi. 

1T~)<).  The  expense  of  views  of  private  roads,  and  the  expense  of 
any  review,  or  of  any  view  subsequent  to  a  review,  of  a  private  or 
public  road  shall  be  wholly   paid   by   the  persons   applying  for   the 

same. 

Sec.  54,  A.f   of  June  13,  1836,   P.  L.  551. 

This  section  seems  to  be  supplied  and  repealed  by  the  Acl  of  Juno  '_'•'!. 
1911,   P.   L.  1123.      See  notes  to  section  1T."1    supra. 

'Plic  following  cases  were  decided  under  the  above  section. 

There  is  no  provision  in  the  act  for  the  payment  of  the  viewers  when  a 
separate  view  or  review  is  ordered  upon  the  question  of  damages.  It  is 
therefore  error  for  the  courl  to  impose  the  costs  of  such  a  view  upon  the 
county:  Warriorsm ar h  Township  /.'<"/</.  126  Pn.  105;  Newville  lt<"id  case 
8    Watts  172. 

The  expanses  of  reviews  of  a  public  road,  as  well  as  any  subsequent  view, 
must  be  paid  by  the  petitioners.  The  fact  thai  the  review  is  a  matter  of  right 
does  not  change  the  plain  reading  of  the  act:  Ackcrli/  r.  Lackawanna 
County,  1  Lack.  L.  N.  H- 

1760.  Reviewers  and  viewers,  upon  a  third  or  any  subsequent 
view,  shall  be  entitled  each  to  receive  the  like  compensation  from  the 
persons  at  whose  instance  they  were  appointed,  for  every  day  by 
them  necessarily  employed   in  that  service. 

See.  Co.  Ad  of  June  13,  1836,  I'  1..  551. 

This  section   seems  to   he   supplied   ami   repealed   by   the  Act    of  June  23, 

L911,    1'.     1-     L123.        See    notes    to    section     1751. 

The  costs  of  a  third  view  cannot  be  imposed  upon  the  original  petitioners, 
:;s  it  may  he  that  thej  are  nol  the  persons  who  require  the  re-review: 
Hellerto-wn    Road,   ■'    W.   ,(    X.    202. 


332 

(b)  Damages  For  Laying  Out  Roads  in  Special  Townships,  Gen- 
eral Road  Law  to  Apply  When  Special  Laws  Repealed. 
Review  of  Proceedings. 

1761.  In  the  several  counties  of  this  Commonwealth,  where  by 
existing  laws  the  duty  of  laying  out  public  roads  or  highways  is 
imposed  upon  the  supervisors  or  commissioners  of  roads  and  high- 
ways of  the  respective  townships,  it  shall  be  the  duty  of  said  super- 
visors or  commissioners  whenever  they  have  decided  to  report  in 
favor  of  laying  out  a  road,  to  notify  the  auditors  of  the  said  town- 
ship of  such  decision;  and  thereupon  the  said  supervisors  or  com- 
missioners together  with  said  auditors,  shall  endeavor  to  obtain 
releases  from  claims  for  damages  as  is  provided  in  the  act  to  which 
this  is  a  supplement,  and  upon  their  failure  to  procure  such  releases 
from  all  the  persons  through  whose  improved  land  they  have  decided 
to  lay  out  a  road,  it  shall  be  their  duty  to  assess  the  damages,  if  any 
have  been  sustained  by  the  persons  not  releasing  as  aforesaid,  and 
to  file  the  same  and  all  releases  obtained  with  their  report  in  favor 
of  opening  said  road  with  the  clerk  of  the  proper  township ;  and  any 
person  interested  who  may  feel  aggreived  by  the  assessment  of  dam- 
ages to  him,  may  at  any  time  after  said  reports  have  been  filed  and 
within  thirty  days  after  said  road  has  been  opened,  appeal  from 
said  assessment  of  damages  to  him  in  the  manner  now  provided  by 
law:  Provided  however,  That  whenever  a  continuous  road  or  high- 
way through  different  townships  is  laid  out,  said  releases  shall  be 
obtained  or  damages  assessed  by  the  supervisors  or  commissioners 
and  auditors  of  the  township  in  which  the  improved  land  lies  through 
which  said  road  or  highway  is  laid. 

Sec.  1,  Act  of  May  8,  1876,  P.  L.  145. 
This  act  supplements  the  Act  of  May  14,  1874.  P.  L.  104. 
The   provisions  of  this  act   obviously   relate   to   special   townships,   as   the 
power  to  lay  out  roads  by  supervisors  is  not  derived  from  any  general  statute. 

17G2.  Where  roads  have  heretofore  been  laid  out  by  said  super- 
visors or  commissioners,  but  not  opened,  and  neither  releases  ob- 
tained nor  damages  assessed  it  shall  be  the  duty  of  the  clerk  of  the 
proper  township  upon  the  request,  in  writing,  of  any  one  interested, 
to  notify  the  supervisors  or  commissioners  and  auditors  of  the  toAvn- 
sliip  of  said  request,  and  it  shall,  therefore,  be  the  duty  of  said  super- 
visors and  auditors  or  commissioners  and  auditors,  as  the  case  may 
be,  as  soon  as  practicable,  to  endeavor  to  obtain  releases  or  assess 
damages  as  is  provided  in  section  one  of  this  act  and  file  the  same. 
Avith  said  clerk,  and  upon  their  being  so  filed,  they  shall  have  the 
same  effect  as  if  filed  with  the  report  laying  out  the  road:  Provided, 
that  this  act  shall  not  be  so  construed  as  to  repeal  any  local  of 
special  law. 


333 

Sec.  2,  Art  of  May  8,  1876,  P.  L.  145. 

This  ad  supplements  the  Act  of  May  1  I.  L874,  l'.  1-.  L64. 

17(>.*'>.  When  any  local  or  special  law,  in  any  of  bhe  townships  of 
this  commonwealth,  which  provided  for  the  laying  out,  opening  and 
keeping  in  repair  the  several  roads  in  the  same,  or  which  provided 
for  the  levying,  assessment  and  collection  of  road  taxes,  has  been  or 
shall  hereafter  be  repealed,  then  ami  in  every  such  case,  the  general 
road  law  shall  apply  to,  govern  and  control  the  said  township,  the 
same  as  though  they  had  never  been  acting  under,  or  affected  by,  any 
such  local  or  special  law. 

Ah   of  .lu no  10,  1881,  1'.  L.  105. 

1764.  In  the  several  counties  of  this  commonwealth,  where  by  ex- 
isting laws  the  duty  of  laying  out  public  and  private  roads  is  im- 
posed upon  the  supervisors  or  road  commissioners  of  the  respective 
township,  any  person  interested,  who  may  feel  aggrieved  with  the 
assessment  of  the  amount  to  be  paid  for  the  privilege  of  participating 
in  the  use  of  a  private  road,  either  as  to  the  amount  to  be  paid  to  the 
owner  id'  the  soil,  or  to  the  person  or  persons  who  have  constructed 
such  road,  may,  at  any  time  within  thirty  days  from  the  filing  of 
such  report,  appeal  from  said  assessment,  in  the  same  manner  as  now 
provided  by  law  for  appealing  from  the  assessment  of  damages  for 
the  laying  out  and  opening  of  public  roads. 

Act  of  May  28,  1887,  P.  L.  180. 

For   provisions   relating   to   appeals   from    assessments  of   damages   for  the 
opening  and  laying  out  of  public  roads  see  Sees.  1754-1757. 

1765.  Whenever  the  road  commissioners  of  any  township  are  by 
law  invested  with  the  authority  and  power  to  lay  out,  open,  or 
vacate  public  or  private  roads  in  their  respective  townships,  or, 
in  case  of  appeal,  road  commissioners  from  other  townships  than 
that  in  which  the  road  lies,  and  no  appeal  to  any  court  is  otherwise 
provided  for,  it  shall  be  lawful  for,  and  the  duty  of.  the  court  of 
common  pleas  of  the  respective  counties  to  issue  writ,  in  the  nature 
of  a  writ  of  certiorari,  directed  to  the  commissioners  of  the  township 
in  which  the  road  lies,  and  to  the  town  clerk  having  in  charge  the 
record  of  such  road,  commanding  that  a  certified  copy  of  the  record 
and  all  the  proceedings  had  in  the  matter  of  laying  out  or  vacating 
any  road  shall  be  forthwith  sent  to  the  said  court,  under  the  hand 
and  seal  of  the  said  town  clerk;  and  the  said  court  may  examine  the 
same  as  to  the  regularity  of  the  proceedings  had.  and  the  jursidic- 
tion  of  the  road  commissioners,  either  of  the  townships  in  which  the 
road  lies,  or  from  other  townships,  in  case  an  appeal  has  been  had  : 
and  if  such  proceedings  are  contrary  t<>  law.  or  if  the  return  made 
to    the   town   bv   the   road    commissioners,    either   in    laying   out   or 


334 

vacating  a  road  is  not  according  to  law,  or  if  the  road  commissioners 
are  for  any  reason  without  jursidiction,  or  for  any  reason  incapacit- 
ated to  act  in  the  particular  case,  the  said  court  shall  set  the  said 
proceedings  aside,  either  in  whole  or  in  part,  and  such  proceedings 
shall  then  be  void  and  of  no  effect  so  far  as  set  aside.  An  appeal 
shall  lie  from  the  order  of  the  court,  either  in  confirming  the  proceed- 
ings or  setting  them  aside,  as  in  other  cases.  And  in  case  the 
regularity  of  the  proceedings  be  sustained  by  the  court,  a  jury  trial 
may  be  held  in  said  court,  to  determine  all  questions  of  fact  in- 
volved, with  the  right  to  either  party  to  enter  exceptions  and  appeal 
to  the  Superior  and  Supreme  Courts,  as  in  other  cases. 

Sec.  1,  Act  of  July  2,  1901,  P.  L.  607,  as  amended  by  Act  of  June  9. 
1911,  P.  L.  742. 

This  act  is  not  a  local  act  although  it  applies  only  to  certain  townships 
in  three  counties  The  provision  for  a  certiorari  to  the  commissioners  is 
not.  unconstitutional,  although  they  are  not  designated  in  Sec.  10,  of  Article 
V.  of  the  constitution.     Earl  v.  Ryan,  J^l  Super.  Ct.  JfJ/S 

This  act  confers  on  the  court  of  common  pleas  authority  to  set  the  pro- 
ceedings aside,  either  in  whole  or  in  part,  but  in  the  exercise  of  this  power 
regard  must  be  had  to  the  nature  of  the  proceedings  and  to  the  authority  of 
the  viewers  thereunder.  It  was  not  the  intention  to  confer  jurisdiction  on 
the  court  to  accomplish  a  result  which  could  not  have  been  accomplished  by 
the  report  of  the  viewers,  or  a  result  radically  different  from  what  the 
viewers  manifestly  intended:     Pike  Township  Road,  30  Super.  Ct.  644- 

This  act  does  not  authorize  the  court  by  mandamus  to  the  reviewers  to 
cure  fatal  defects  in  their  reports,  or  failure  by  them  to  comply  with  the  pro- 
visions of  the  statutes  and  legal  requirements  in  such  proceedings ;  Overton 
Twp.  Public  Road,  12  D.  R.   317. 

Facts  which  show  clearly  that  the  township  commissioners  had  no  juris- 
diction or  that  their  action  was  unlawful  may  be  shown  de  hors  the  record : 
Frost  v.  Scott  et  al.  12  D.  R.  339. 

A  report  of  reviewing  road  commissioners  in  proceedings  under  this  act 
signed  by  only  two  of  the  three  commissioners,  and  not  showing  on  its  face 
that  all  of  the  commissioners  participated  in  the  review,  is  not  fatally  de- 
fective;    Farrell  Road,  35  Super  Ct.  86. 

The  cpialifications  of  a  reviewer  may  be  considered  in  proceedings  under  this 
act:      Commonwealth    v.   Rogers,  59  Super.  Ct.  265. 

1766.  The  court  shall  provide  by  appropriate  rules  the  manner 
of  issuing  such  certiorari,  the  practice  to  be  followed  in  disposing 
of  the  same,  and  sliall  direct  who  shall  pay  the  costs  of  the  proceeding 
on  the  certiorari. 

Sec.  2,  Act  of  July  2,  1901,  P.  L.  607. 

1767.  The  writ  of  certiorari  issued  in  pursuance  of  this  act  shall 
be  a  supersedeas,  but  no  such  writ  shall  issue  after  thirty  days  after 
the  report  of  the  road  commissioners  of  the  township  in  which  the 
road  lies,  or  the  report  of  the  road  commissioners  of  other  townships 
in  case  of  an  appeal,  has  been  filed  with  the  town  clerk. 

Sec.  3.  Act  of  July  2,  1901,  P.  L.  607. 


835 

(c)      Private   Roads. 

L768.  The  several  courts  of  quarter  sessions  shall,  in  opeu  <  ■ 
as  aforesaid,  upon  the  petition  of  one  or  more  persons  associations, 
partnerships,  stock  companies  or  corporations,  for  ;i  road  from  their 
respective  lands  or  leaseholds  to  a  highway  or  place  »f  necessary 
public  resort,  or  to  any  private  way  leading  to  ;i  highway,  dired  a 
view  to  be  had  of  the  place  where  such  road  is  requested  and  n  report 
thereof  to  be  made,  in  the  same  manner  as  >s  directed  by  the  said  ad 
of  thirteenth  dune,  one  thousand  eighl   hundred  and   thirty-six. 

Sec  11.  Act  of  June  L3,  1836,  P.  L.  551v  as  amended  by  Sec.  1.  Act  of 
April  t.  1901,  I'.  L.  65. 

For  provisions  relating  t < >  the  appointment  of  viewers  tin'  filing  of  their 
reports  and  other  proceedings  thereon  see  Sec.   1726. 

For  provisions  relating  to  the  vacation  of  private   roads  see  Sec.   L780. 

This  section  authorized  tic  laying  out  of  a  private  road  from  a  field  or 
plantation  separated  from  the  owner's  mansion  house  or  dwelling,  over 
another  person's  land  to  a  public  road.  Where  a  deed  tor  a  field  or  planta- 
tion grants  a  right  of  way  to  continue  until  the  grantee  shall  secure  a  private 
or  public  road  direct  to  the  land  granted,  from  his  own  premises,  the  grantee 
has  the  right  to  institute  proceedings  for  a  private  road  under  the  Acl  of 
.tunc  13,  1836,  notwithstanding  the  grant  of  right  of  way  in  the  deed: 
Stewart's   Private  Road,  88  Super.  <'t.  .>'.;.". 

A  report  laying  out  a  private  road  between  termini  other  than  those  named 
in  the  act  is  defective  and  will  he  set  aside:  In  re  Sandy  Lick  Creek  Road, 
51  Pa.  9',:  Reelings  Road  59  I'a.  358;  Killbuck  Private  Roaft,  77  l'n.  .',<.>. 

The  title  of  the  amending-  act  of  April  4,  1901,  P.  L.  65,  gives  sufficient 
notice  of  the  subject,  and  the  act  is  not  unconstitutional  as  defective  in 
title.  Legislation  authorizing  the  taking  of  private  property  for  private  use. 
as  provided  by  the  private  road  acts,  is  not  unconstitutional ;  Dickinson 
Township  Road.  28  Super.  Ct.  S/f. 

Where    ir    is   proposed    to   open   a    private   road   over   the  land   of  another 
the   record   must  show    that    the  latter   has   personal   notice   of   the;   time  and 
place  of  the  meeting  of  the  viewers  and  of  the  time  and  place  for  (lie  a- 
ruenl   of  damages,  otherwise  the  return  will   not  be  confirmed.     Distinguished 
from  rule  in  cases  of  public  reads:     Road  in   Plumcreek   Township,  110  Pa. 

■>',',■ 

A  report  of  viewers  which  lays  out  a  private  road  partly  over  a  public 
road  should  not  be  confirmed  by  the  Quarter  Sessions:  Boyers  /.'""</.  SI  Pa. 
257. 

17()!>.  If  it  shall  appear  by  the  report  of  viewers,  to  the  court 
directing  the  view,  that  such  road  is  accessary,  the  said  court  shall 
direct  what  breadth  the  road  so  reported  shall  be  opened;  and  the 
proceedings  in  such  cases  shall  be  entered  ou  record,  as  before  direct- 
ed, and  thenceforth  such  road  shall  he  deemed  ami  taken  to  he  a 
lawful  private  road. 

Sec.  I-.  Aci  of  .Inly  13,  1836,  P.  L.  551. 

Under  Sec.  5,  of  the  Act  of  June  I-"-.  1836,  as  amended  by  the  Act  of  Apr. 

t),  1921,  I'.  1-.   111.  the  breadth  of  a  private  road  is  not   to  ex 1  twenty-five 

feet;  see  Sec.  174G. 


33G 

Failure  of  the  court  to  fix  the  width  of  the  road  upon  confirmation  of  the 
report  is  a  fatal  defect  and  will  be  taken  notice  of  by  the  appellate  court  in 
appeal,  even  though  nol  assigned  for  error:      Bayer's  Road,  87  Pa.  257. 

The  return  for  private  use  is  a  sufficient  compliance  with  the  law  touching 
its  necessity:     Road  in  Reserve  Township,  2  Grant  20^. 

A  report  that  there  is  occasion  for  the  road  is  sufficient :  Pocopson  Road,  16 
Pa.  15. 

A  report  of  viewers  laying  out  a  private  road  is  fatally  defective  in  not  set- 
ting forth  that  such  road  is  necessary:     In  re  Sandy  Lick  ('reek  Road  51  Pa. 

9Jh 

1770.  In  all  cases  of  a  private  road,  it  shall  be  lawful  for  the 
owners  of  the  land  over  which  the  same  may  be  laid  out,  or  author- 
ized, to  apply  to  the  court  aforesaid  for  leave  to  hang  and  maintain, 
at  their  own  expenses,  swinging  gates  across  such  road ;  and  there- 
upon the  court  shall  direct  the  viewers  appointed  to  view  such  road, 
or  in  case  the  road  has  been  already  laid  out,  may  appoint  other 
viewers  in  manner  aforesaid,  to  inquire  and  report  whether  the 
same  may  be  done,  without  much  inconvenience  to  the  persons  using 
such  road. 

Sec.  13,  Act  of  June  13,  1836,  P.  L.  551. 

For  provisii  ns  relating  to  the  appointment  of  viewers  see  Section  1726 
and  notes  thereunder. 

1771.  In  case  of  a  separate  view  directed  upon  an  application 
for  leave  to  hang  and  maintain  gates  across  a  private  road  as  afore- 
said, the  expense  of  such  view  shall  be  paid  by  the  applicants. 

Sec.  57,  Act  of  June  13.  1836,  P.  L.  551. 

1772.  If  it  shall  appear  to  the  court  that  a  gate  or  gates  may  be 
hung  as  aforesaid,  according  to  the  prayer  of  the  party,  without 
much  inconvenience  to  the  person  or  persons  using  such  road,  they 
shall  decree  accordingly;  and  in  such  decree  they  shall  order  and 
direct  that  such  gate  or  gates  be  made  and  kept  in  repair,  and  made 
easy  for  passing,  by  the  respective  owners  of  said  land. 

Sec.  14,  Act  of  June  13,  1836,  P.   L.  551. 

177:1  All  private  roads  shall  be  opened,  fenced  and  kepi  in  repair 
by  and  at  the  expense  of  the  person  or  persons,  respectively,  at  whose 
request  the  same  were  granted  and  laid  out,  and  by  their  heirs  and 
assigns. 

Sec.  1.",,  Aet  of  June  13,  1836,  I'.  L.  551. 

He  who  causes  a  private  road  to  be  laid  through  his  neighbor's  land  shall 

do  all  the  necessary  fencing:     Fleming  v.  Ramsey,  )i>  l'<i.  252. 

1774.     The  damages  sustained  by  the  owners  of  the  land  through 

which  any  private  road  may  pass,  shall  be  estimated  in  the  manner 

provided  in  the  case  of  a  public  road  and  shall  be  paid  by  the  persons 


337 

,-it  whose  requesj  the  road  was  i^, i - ; 1 1 1 1 < m  1  or  laid  out:  Provided,  Thai 
qo  such  road  shall  be  opened,  before  the  damages  shall  be  fully  paid. 

Sec.  16,  Ari  of  June  13,  L836,  P.  L.  551. 

For  provisions  relating  to  the  manner  of  estimating  damages  in  cases  of 
public  roads  sec  Sec,  1717  to  1757. 

1775.  Whenever  any  person  shall  be  desirous  to  make  use  of  a 
private  road  laid  out  on  the  petition  and  at  the  expense  of  others, 
such  person  may  apply  by  petition  to  the  court  of  quarter  sessions 
of  the  respective  county,  to  be  admitted  to  participate  in  the  privilege 
of  the  said  road,  and  thereupon  such  court  shall  have  power  to  deter 
mine  what  sum  he  shall  contribute  to  the  persons  at  whose  expense 
the  said  road  was  laid  out,  and  also  what  further  sum  he  shall  pay 
to  the  owners  of  the  soil  over  which  the  said  road  was  made;  and. 
upon  the  payment  thereof,  such  person  shall  he  entitled  to  equal 
rights  and  privileges,  and  he  subject  to  like  duties  and  liabilities, 
with  the  original  applicants  for  said  road. 

Sec.  17.  Act  of  June  13.  1836,  I'.  L.  551. 

(d)     Road  on  State  Boundaries. 

L776.  If  the  legislature  of  the  state  of  Ohio  shall  concur  that, 
for  the  purpose  of  opening  and  keeping  in  repair  any  road  now  Or 
hereafter  to  be  laid  out,  by  authority  of  law.  on  the  line  between 
the  states  of  Pennsylvania  and  Ohio,  it  shall  he  the  duty  of  the  road 
supervisors,  or  other  officer  or  officers  having  charge  of  the  public 
roads  in  any  two  adjoining  townships  through  which  such  road  may 
pass,  one  of  which  shall  be  on  either  side  of  said  line,  to  meet  annually 
on  the  first,  day  of  April,  or  as  soon  thereafter  as  conveniently  may 
be,  and  lay  off  so  much  of  said  road  as  shall  lie  between  such  ad- 
joining townships,  into  sections  not  exceeding  one  mile  in  length, 
as  they  may  think  most  convenient,  and  suitably  mark  the  same,  and 
divide  said  sections  equally  between  said  adjoining  townships,  and 
cause  a  record  thereof  to  he  made  on  the  hook  of  the  township  clerk 
of  said  adjoining  townships,  respectively;  and  it  is  hereby  made  the 
duty  of  said  clerks  to  make  such  record;  and  thenceforth  it  shall 
be  the  duty  of  such  supervisors,  or  other  officer  or  officers  as  afore- 
said, to  open  and  keep  in  repair  such  portion  or  portions  of  such 
road,  as  may  thus  he  allotted  to  the  township  of  which  they  may 
be  supervisors,  or  otbei-  officers  as  aforesaid,  respectively,  under  the 
same  penalties  as  (aTe)  or  may  he  imposed  upon  such  officers  by 
the  road  laws  of  said  states,  respectively. 

Sec.  1.  Act  of  March  30,  1S48.  P.  L.  30S. 


22 


■)OQ 

•  >->o 

(e)     Vacation  and  Changing  of  Roads. 
See  also  Sees.  1729,  1732,  1741. 

1777.  The  courts  aforesaid  shall,  within  their  respective  counties, 
have  authority  upon  application  to  them  by  petition,  to  inquire  of 
and  to  change  or  vacate  the  whole  or  any  part  of  any  private  or  public 
road  which  may  have  been  laid  out  by  authority  of  law,  whenever 
the  same  shall  become  useless,  inconvenient  or  burdensome;  and  the 
said  court  shall  proceed  therein  by  views  and  reviews,  in  the  manner 
provided  for  the  laying  out  of  the  public  roads  and  highways. 

Sec.  18,  Act  of  June  13,  1836,  P.  L.  551. 

Fur  provisions  relating  to  the  Laying  out  of  public  roads  see  Sec.  1  TU<  ">. 

The  decree  of  confirmation  is  final,  until  reversed  on  certiorari,  and  the  road 
opened  can  be  got  rid  of  only  in  the  manner  prescribed  in  Sees.  18  and  19  of 
the  Act  of  1S3G.     Hunters  Private  Road,  Jf6  Pa.  250. 

There  is  no  authority  under  this  section  to  change  or  vacate  a  road  which 
has  been  properly  laid  out  but  never  opened.  This  can  only  be  accomplised  by 
a  petition  for  a  review  or  by  proceedings  under  the  19th  section  of  the  act: 
Vernon   Township  Road,  10  Pa.  .!■>>. 

A  petition  to  vacate  a  road  must  set  forth  how  it  became  a  public  road  in 
rrder  to  give  the  court  Jurisdiction.  If  the  road  is  a  private  road  resting 
upon  express  grant,  the  evidence  of  which  is  still  in  existence,  the  court  would 
have  no  jurisdiction  to  vacate  it :  Driimore  Township  Road,  32  Pa.  C.  C. 
105,  s.  c.  15  D.  R.  625,  28  Lane.  L    R.  1  ?.?. 

A  petition  to  vacate  a  road  avexs  sufficient  facts  when  it  sets  forth  that 
the  road  has  been  supplied  by  another  road,  half  a  mile  south  of  it,  and  that 
it  has  a  county  bridge  now  old  and  dangerous  and  several  expensive  culverts 
on  it  to  be  rebuilt  if  the  road  be  not  vacated:  South  Shenango  Township 
Road,  25  Pa.  (1.  C.  587. 

Whenever  a  portion  of  a  road  is  abandoned  under  this  section,  the  report  of 
the  viewers  should  find  that  the  portion  abandoned*  has  become  or  will  become, 
by  reason  of  the  alteration,  "useless,  inconvenient,  or  burdensome:*'  Public 
Road  in   Potter -and   Tioga   Counties.   Hi  I).   R.   !,5C>,  s.  c.  S  North   C.  R.  91. 

Under  a  petition  and  order  to  view,  vacate  and  supply  a  road,  the  viewers, 
though  they  return  an  entire  new  road,  may  vacate  only  such  parts  of  the 
old  mad  as  they  find  to  be  useless,  inconvenient  or  burdensome:  Loretto 
Road,  2!)  Pa    .',50. 

Where  the  petition  was  that  a  certain  road  should  be  vacated  and  the  court 
appointed  viewers,  but  the  order  directed  that  the  viewers  should  proceed  to 
lay  out  the  road  and  1 1 1 < ■  viewers  rep<  rted  in  favor  of  vacating  the  road,  and  no 
exception  was  made  in  the  court  below-  on  this  ground  the  supreme  court  af- 
firmed the  proceedings :       Allentoion  Roa\i,  5  Wharton  44%- 

In  appeal  from  proceedings  vacating  a  road  the  appellate  court  can  con- 
sider only  the  regularity  of  the  proceedings.  The  evidence  is  not  a  part  of 
the  record  and  need  not  be  printed  by  the  appellant  in  his  paper  book: 
heller's  Appeal,  5  Super.  Gt.  4^2:  Manheim  Township  Road,  12  Super. 
Ct.  279. 

The  Act  of  April  .18,  1919,  P.  L.  72,  provides  that  in  all  appeals  to  the 
Supreme  or  Superior  Courts,  the  testimony  taken  shall  be  filed  in  the 
proceedings  and  shall  be  reviewed  by  the  appellate  court  as  part  of  the  record. 


339 

This  action  is  not  ed  or  modified  by  the  Acl  of  M    .   31,  1911,  P.  T-. 

168,  relating  to  State  highways  and  conferring  upon  the  State  Highway  Coi.i 
missioncr  power  under  certain  circumstances  u>  divert   the  course  '>r  directi'  m 
of  the  routes  of  State  highways  designated  in  such  act:       Saeger  v.  Com 
ireulth,  !■',;<  Pa.  239,  riff.   ',5  Pa.  C.  C.  \52. 

The  Acl  of  May  8,  1854,  applies  ouly  to  highways  cf  incorporated  towns, 
and  docs  not  as  to  the  general  highways  of  the  commonwealth  supersede  Sees. 
18  and  19  of  the  act  of  June  13,  18of>,  P.  L.  551:  in  re  Bojod  in  Exeter,  '. 
Woodw.   209. 

The  court  is  aol  deprived  cf  jurisdiction  to  appoint  viewers  because  it  is 
alleged  in  exceptions  filed  to  the  petition  for  their  appointment  to  vacate  a 
piece  of  road,  that  the  vacation  asked  for  will  leave  a  cul  de  sac  in  the  un- 
vacated  part-     Road  in   Newton  Township,  23  D.  U.    182. 

The  courl  is  withe ul  ai  thority  to  vacate  or  change  a  road  or  any  part  of 
it.  without  the  affirmative  report  of  a  board  of  viewers:  Kreos  Road,  0) 
Super.  Ct.   \92 

1778.     Roads  laid  out  and  confirmed  as  aforesaid,  but  not  opened, 

may  be  vacated  and  annulled  upon  the  petition  of  a  majority  of  the 
original  petitioners  for  the  said  road,  resident  within  the  respective 
comity,  in  the  same  manner  as  other  roads  may  be  vacated  ;  Provided, 
That  no  person  residing  or  owning  land  along  the  route  of  such  road, 
shall  in  such  case  be  a  viewer  or  reviewer. 

Sec.  1!>.  Act  of  June  13,  1836,  P.  L.  551. 

It  is  unnecessary,  under  th,is  section,  to  attacli  a  plot  or  draft  to  the  report 
of  the  viewers:     In  re  road  in  Strasburg  Township,  15  D.  R.  600. 

A  review  in  order  to  vacate  a  road  hoi  opened,  hut  in  favor  of  which  a 
report  has  been  made  ami  confirmed,  may  he  granted  under  this  section,  on  the 
petition  of  a  majority  of  the  original  petitioners  for  the  road,  and  such  a 
proceeding  and  report  against  the  opening  of  the  road  docs  not  admit  of  re- 
examination by  re-review;  in  order  to  obtain  the  road,  proceedings  must  be 
had  do  novo.  It  is  not  essential  that  it  be  stated  in  a  petition  for  a  review 
to  vacate  a  road  not  i  pened,  that  it  proceeds  from  a  majority  of  the  original 
petitioners  for  the  road;  if  it  appear  from  the  record  that  it  was  signed  by  a 
majority  of  such  persons  it  is  sufficient:  Road  in  lugusta  Township,  17  Pu. 
11. 

If  a  particular  r<  ad  has  been  laid  out  and  opened,  the  power  to  vacate  can 
be  exercised  only  when  the  road  lias  become  useless,  inconvenient  or  burden- 
has  been  laid  out  and  not  opened,  the  power  to  vacate  can  be 
exercised    only    when    a    majority    <  f    the    original  'acts    for   said    road, 

resident    in    the   county,    invoke    it:     Madison    and    Harmony    School   JFouse 

Road,    .)'?    Pa.    ;/?. 

Where  a  road  has  been  confirmed  and  ordered  to  be  opened,  and  has  been 
partially  opened,  there  is  no  authority  under  the  act  .•;'  1836,  to  vacate  the 
part  not  opened:  i:<<>u\  in  Greenwich  Township,  11  Pa.  t86.  But  see 
opinion  in   Madison  and  Harmony  School  House  Road  S7  Pa.   'ill. 

See  also  Sec.  1779, Act  of  May  3,  1855,  P.  L.  422. 

Where  a  road  litis  been  laid  out  and  confirmed  by  the  court  but  not  opened, 
the  power  to  vacate  is  called  into  exercise  by  the  mere  request  of  a  majority 
of  the  original  petition  liave  it  vacated.     In  such  a  case  the  petition  to 

vacate  may  be  filed  and  docketed  in  the  original  proceedings.  If  the  road  has 
'  ecu  opened  in  part  an  application  by  the  original  petitioners  to  have  the  road 


340 

vacated  cannot  be  sustained  ;  but  such  an  application  will  not  be  defeated  by 
merely  showing  that  the  road  lias  been  worked  on  by  the  public  authorities. 
It  must  appear  that  part  of  the  road  bas  actually  been  opened,  for  safe 
and  convenient    public  travel:     Road   in   Ueath   and  Burnett   Townships,  21 

Pa.  G.  C.  25-',,  s.  c.  J,  Lack  L.  N.  261. 

Where  a  road  laid  out  is  not  actually  cpened,  the  petition  to  vacate  must 
be  signed  by  a  majority  of  the  original  petitioners  for  the  road:  Wyoming 
County  Road,  IS  D.  R .  1  '/.'>.  .v.  c.  5  Lack  -1 .  170;  Road  in  Raphu  aiulEast 
Donegal  Townships,  11  Lane.  L   R.  108,  s.  c.  1  Del.  511.  1  North  C.  R.  111. 

Where  a  road  has  been  laid  out  and  confirmed  and  partly  opened  this 
section  does  not  apply  and  the  petition  need  not  be  signed  by  a  majority 
of  the  original  petitioners.  In  such  a  cast'  the  pn  ceedings  to  vacate  are 
authorized  by  the  Act  of  May  3.  1855,  P.  L.  422.  There  is  no  requirement  in 
the  latter  act  that  the  majority  of  the  petitioners  shall  join  in  the  application 
to  vacate.      Vacating  Road  in  Hanover  Township,  1  Leh.  52. 

Signers  to  a  petition  to  vacate  a  public  road  ordered  to  be  opened  but  not 
yet  opened  may  withdraw  their  names  before  the  petition  is  presented  to  court 
whether  or  not  they  were  deceived  by  misrepresentations  in  signing  it,  and 
when  such  withdrawal  has  reduced  the  number  of  petitioners  to  less  than  a 
majority  of  the  original  petitioners  for  the  read,  the  petition  will  be  dis- 
missed: Rapho  Township  Road,  22  Lane.  L.  R.  29;  In  re  vacation  of  road 
in  Huntington  Township,  18  Lit:.  L.  R.  It.  11,. 

It  is  net  necessary  to  attach  a  plot  or  draft  to  a  report  of  viewers  in  pro- 
ceedings under  this  section,  for  the  vacation  of  a  road  laid  out  but  not  opened  : 
In  re  Road  in  Strasburg  Township,  15  I).  R.  666.  s.  c.  23  Lane.  L.  R    9',. 

1770.  That  the  several  courts  of  quarter  sessions  of  this  com- 
monwealth shall  have  power,  within  their  respective  counties,  to  in- 
quire of  and  to  change  or  vacate  the  whole  or  any  part  of  any  public 
or  private  road  which  may  have  been  laid  out  by  authority  of  law, 
and  opened  in  part;  and  the  said  court  shall  proceed  therein  by 
views  and  reviews  in  the  manner  provided  for  the  vacating  of  other 
roads  by  existing  laws;  Provided,  That  this  act  shall  not  apply  to 
*tate  roads  authorized  by  a  special  law,  or  to  any  street,  lane  or  road 
within  any  incorporated  city  or  borough. 

Sec.  1,  Act  of  May  3.  1855,  P.  L.  422. 

Under  the  above  section  the  petition  to  vacate  a  public  road  need  not  be 
signd  by  a  majority  of  the  original  petitioners  fcr  the  road.  The  petitiou 
should  in  a  clear  and  distinct  manner  set  forth  the  situation  and  other 
circumstances  of  the  road  and  allege  that  the  road  is  opened  in  part. 
Vacation  of  Public  Road,  69  P.  L.  J.  222. 

ruder  the  Act  of  June  18.  1836.  P.  I,.  551.  and  the  Act  ff  May  3,  185", 
P.  Tj.  422,  where  the  road  was  opened  in  part,  the  court  of  quarter  sessions  has 
jurisdiction  to  lay  out  a  new  road  to  take  the  place  of  the  road  which  has 
been  previously  laid  out  and  opened  in  whele  or  in  part :  Whiteley  Road,  2 
Mon.  191,. 

The  petioners  need  not  ask  for  a  view  in  the  alternative.  They  may  pray 
after  either  vacation  or  change  separately,  or  the  prayer  may  be  in  the  alter- 
native: In  re  Road  in  McCandless  Township,  110  Pa  605;  Limestone 
Township  Road,  61  Kit  per.  ft.  105,  aff.   ',',  Pa.  C.  C.  261. 

Under  this  act  a  road  is  "opened  in  part"  where  a  length  of  eighty-four 
feet    and    a    width    sufficient    for   ordinary   travel   is   cleared    and    graded.     A 


road  is  "opened  in  part"  if  it  is  fit  for  travel  in  part,  whether  any  travel  goes 

over  it  or  not:     Union  Township  Road,  in  I'n.  <'.  G.   '/33. 

Under  this  acl  the  petition  to  vacate  a  public  road  need  n<  t  be  signed  by  ;i 
majority  of  the  original  petitioners  for  the  road.  The  petit  inn  should,  in  a 
clear  and  distinct  manner,  set  forth  the  situation  and  other  circumstances  of 
the  road  and  allege  that  t lie  road  is  opened  in  pari  :  In  re  vacation  <>{  Public 
Road,  69,  P.  L.  •/.  \22;  In  re  Road  in  Dallas  and  Kingston  Townships,  7  Lvz. 
L.  R.  /;?. 

In  a  proceeding  to  vacate  ami  relay  part  if  a  road  under  this  acl  it  is  nut 
necessary,  as  in  original  opening  of  a  mad.  that  the  petition  mention  the 
termini  and  no  other  ]>nints;  hut  may  follow  the  whole  distance  to  be  affected; 
R.oad  in  Covington,    \  <<.  ...  /   Wilcox  121. 

This  act  does  not  apply  to  a  road  that  has  been  laid  out  and  opened  en- 
tirely ;  Cassville  Road.  21  Pa.  C.  C.  ill. 

The  court  has  no  authority  to  <-h:i n l:<-  or  vacate  a  road,  under  this  act. 
except  by  views  and  reviews:  Plainfield  mid  Washington  Township  Road, 
56  Super.  Ct.  .',19,  rev.  V,  North.  C.  R.  10. 

1780.  The  powers  of  the  courts  of  quarter  sessions  of  this  (ami 
monwealth  to  vacate  public  and  private  toads,  are  hereby  extended 
to  all  roads,  whether  laid  out  by  authority  of  law.  or  existing  by 
prescription  or  lapse  of  time;  and  generally  to  all  roads,  except 
private  roads,  resting  upon  express  grant,  the  evidence  of  which  is 
still  in  existence,  excepting  in  such  counties,  as  the  power  to  lay 
out  and  vacate  public  roads  is.  or  may  be.  vested  in  some  other 
tribunal,  than  in  the  court  of  quarter  sessions  of  the  peace;  except- 
ing, also,  roads  laid  out  by  act  of  assembly,  and  are  expressly  ex- 
empted from  the  jurisdiction  of  said  courts. 

S.e.  1.  Act  of  April  21.  1846.  P.  L.  410. 

The  provision  in  this  act  authorizing:  the  courts  of  quarter  sessions  to 
vacate  private  roads  "existing  by  prescription  or  lapse  of  time"  is  not  un- 
constitutional: Sutler's  Rood,  2S  Pa.  190:  Kricrs  Priratc  Road,  78, 
Pa.  Hi!) 

This  act  prohibits  the  court  from  vacating  private  roads  resting  in  express 
grant,  the  evidence  of  which  is  still  in  existence:  Vacation  of  Streets.  /? 
Phila.  660,  s.  c.  /  Lane.  L.  R.  270  222 

A  petition  to  vacate,  as  useless,  inconvenient  and  burdensome  a  part  of 
"public  n  ad",  particularly  described,  must  aver  that  such  "public  road"  was 
not  laid  out  by  act  of  assembly.  The  petition  need  not  aver  how  the  road 
became  a  public  ro.id  ;      Road  in  Salem  Township,   ?•?  /)    A'.   /  /". 

A  petition  to  vacate  a  road  must  set  forth  how  it  became  a  public  road  in 
order  to  give  the  court  jurisdiction:  Drumore  Township  Road,  -M  Pn.  C.  G. 
I<i.-,.  s.  c.  II  J>.  U.  <il~>.  i<  Lane    I..  I'.  12S. 

Under  this  act  the  courts  of  (punter  sessions  have  power  to  vacate  public 
roads  whether  laid  out  by  authority  of  law  or  existing  by  prescription  or 
lapse  .if  time  and  generally  over  all  roads,  except  private  roads,  resting  upon 
express  grant,  the  evidence  of  which  is  still  in  existence.  Where  a  petition 
avers  that  the  road  has  been  opened  for  a  period  of  forty  years,  the  court  of 
quarter  sessions  has  jurisdiction.  It  is  clear  that  the  road  was  opened  long 
enough  to  be  designated  as  a  road  "by  prescription."  The  power  to  vacate 
follows  from  the  express  provision  of  the  act:  hi  re  Washington  Road.  ~!  i 
Super.  Ct.  461. 


342 

1781.  The  said  courts,  respectively,  shall  also  have  power,  in  the 
manner  aforesaid,  to  change  or  supply  by  a  new  road,  the  route  of 
any  stale  road  which  may  be  laid  out  by  direction  of  any  act  of  as- 
sembly, within  their  respective  counties,  and  thereupon  to  vacate 
so  much  of  such  state  road  as  shall  be  supplied.  Provided,  That 
no  change  shall  be  allowed  in  any  such  road,  which  shall  make  the 
same  of  a  greater  ascent  or  descent  than  five  degrees  from  a  horizon- 
tal line. 

Sec.  20,  Act  of  June  13,  1836,  P.  L.  551. 

Repealed  l>y  Sec.  46,  Act  of  April  5,  1S4.">,  P.  L.  156,  as  to  state  roads 
authorized  by  that  act. 

This  section  authorizes  the  c<  urts  only  to  change  and  supply  state  roads, 
not  to  vacate  them  wholly,  and  does  not  apply  to  unopened  state  roads:  State 
Road  from  Phocnixville  to  the  Trappe,  52  Pa.  162. 

1782.  The  said  courts,  respectively,  shall  have  power,  in  the 
maimer  aforesaid,  to  inquire  of,  and  vacate  any  part  of  a  state  road 
within  the  respective  county,  which  shall  have  been  supplied  and 
rendered  useless  by  a  substantial  and  permanent  turnpike-road, 
made  and  completed  according  to  law  •  but  no  stockholder  in  such 
turnpike  road  shall  in  such  case  be  a  viewer  or  reviewer. 

Sec.  21,  Act  cf  June  13,  1836,  P.  L.  551. 

1783.  Provided,  That  nothing  in  this  act  shall  be  construed  to 
give  authority  to  any  of  the  courts  of  the  commonwealth,  to  vacate 
any  lane,  street  or  highway  within  any  city,  borough,  town  plot,  or 
any  town  or  village  laid  out  by  the  late  proprietaries,  or  by  any 
other  person,  and  dedicated  to  the  public  use;  nor  to  vacate  any 
cartway  laid  out  by  the  order  of  court,  and  not  repairable  at  the 
charge  of  the  public,  nor  shall  such  authority  extend  to  any  road, 
way  or  passage  claimed  by  any  person  as  a  private  right,  nor  to 
livers  or  streams  of  water. 

Sop.  22.  Act  of  Juno  13,  1836.  P.  L.  551. 

Where  a  private  person  lays  out  a  plan  of  lots  and  streets,  and  sells  lots  with 
reference  to  said  plan,  the  quarter  sessions  has  no  jurisdiction  to  decree 
the  vacation  of  said  streets:  Vacation  of  Streets,  11  Phila.  660.  s.  c.  1  Lane. 
L.  R.  270. 

1784.  Every  application  to  vacate  any  road  as  aforesaid,  shall 
be  in  writing  and  signed  by  the  applicants;  it  shall  set  forth  in  a 
clear  and  distinct  manner,  the  situation  and  other  circumstances 
of  such  road  or  highway,  or  of  the  part  thereof  which  the  applicants 
may  desire  1<>  have  vacated  as  aforesaid. 

Sec.  2::.  Ad,"!'  June  13,  1830,  P.  P.  551. 
enough  to  be  designated   as  a  road  "by  prescription".     The  power  to   vacate 
section  will  be  dismissed:     Blakely  Road,  8  /'</.  C.  C.   '/98. 


343 

Proceedings  to  vacate  maj  be  joined  with  proceedings  to  relay  a  road  or 
parts  of  n  road:  Rood  in  lilakely,  Dickson  and  Scott,  1  Lack  •/.  ML  9.  c. 
',  Del.   .'.;.;. 

Where  tin"  requirements  of  this  section  arc  ueither  complied  with  in  the 
petition  nor  supplied  by  a  report  of  viewers,  the  defeel  is  fatal  to  the  pro- 
ceedings:    In  re.  Road  in  Lake  and  Dallas  Township  I '.   /.»:.  /..  /,'.  If.  217. 

It  is  not  necessary  to  stale  in  the  petition  why  the  pari  desired  to  l>e 
vacated   is   inconvenient:      [fanheim    Township   Road,    I ;   Super.   Ci.    .'7.''. 

L785.  Whenever  the  whole  or  any  part  of  a  road  shall  be  changed 
or  supplied,  the  same  shall  not  be  shut  up  or  stopped,  until  the  road 
laid  oui  to  supply  the  place  thereof  shall  be  actually  opened  and 
made. 

Sec.  24,  Act  of  June  13,  1836,  P.  L.  551. 

A  Provision  in  the  report  thai  the  vacation  shall  take  effect  when  an  over- 
head bridge  has  been  completed  ready  for  use  dors  n<  t  render  the  reporl  eon 
ditional,  but  simply  expresses  what  would  follow  as  a  consequence  under  this 
section:     Roads  in  Londonderry  Township,  129  Pa.  2)). 

Whenever  the  whole  or  any  part  of  a  read  has  been  vacated  by  the  court 
of  quarter  sessions  and  a  new  road  laid  oul  in  lieu  thereof,  the  road  so  vacated 
shall  not  be  shut  up  until  the  new  road  shall  have  been  actually  opened: 
Bridgeport  and  New  Cumberland  Turnpike  Road,   111   Pa.  -U2. 

The  necessity  for  cli  sing  an  old  road  before  the  actual  opening  of  a  new  one 
must  be  real  and  clearly  proved,  and  the  onus  of  so  proving  it  is  on  him  who 
closes  it.  The  plain  intent  of  the  law  is  that  the  public  shall  have  the  use  of 
a  road,  either  the  old  or  the  new.  all  the  time:  Mellick  v.  Railroad  Co.,  203 
Pa.  457,  rev.  n  Super.  Ci   12. 

17S(».  Whenever  any  public  road — or  turnpike,  which,  under  exist- 
ing laws,  becomes  a  public  road — is  between  two  or  more  townships 
or  on  any  division  line  between  the  same,  in  any  comity  of  this 
Commonwealth,  has  become  useless,  inconvenient,  or  burdensome. 
the  court  of  quarter  sessions  of  the  county  in  which  the  said  road  is 
located  shall  have  the  authority,  upon  application  to  it  by  petition, 
signed  by  at  least  fifteen  property  owners  of  each  of  said  townships, 
who  are  qualified  electors  therein,  setting-  forth  the  facts,  to  inquire 
of  and  10  change  or  vacate  the  whole  or  any  part  of  said  road,  when 
ever  the  same  shall  have  become  useless,  inconvenient,  or  burdensome  : 
and  the  same  court  shall  proceed  therein,  by  views  and  viewers,  in 
the  manner  provided  for  the  laying  out  of  roads  and  highways  under 
existing  laws. 

Sec.  1     Ad    ,  f  dune  7.  1907,   P.   L.    111. 

Tins  act  supplements  the  Act  of  June  1-'!.  P.  L.  551. 

This  section  while  primarily  not  township  law,  has  been  incorporated  be- 
cause the  expense  of  laying  out  a  new  road  under  the  act  is  imposed  on  the 
township.      See   infra    Sees     104    and    L05. 

A  road  which  begins  in  one  township  and  ends  in  another  and  docs  not 
occupy  the  division  line,  except  where  it  bisects  it.  is  not  a  public  road  be- 
tween two  or  more  townships  as  contemplated  in  this  act  :  In  re  Washington 
Road,  72  Super.   CI.    ',61. 


344 

1787.  The  said  court  shall  also  have  authority  not  only  on  said 
petition,  to  change  or  vacate  the  whole  or  any  part  of  the  said  road 
which  has  become  useless,  inconvenient,  or  burdensome,  but  shall 
have  authority  also,  whenever  requested  in  and  by  said  petition,  to 
lay  a  new  road,  in  the  manner  provided  under  existing  laws,  located 
in  whole  or  in  part  in  any  one  or  more  of  the  townships  mentioned 
in  the  first  section  of  this  act;  said  new  road  to  take  the  place  of  the 
said  road  which  has  become  useless,  inconvenient,  or  burdensome. 

Sec.  2,  Art  of  June  7.  1907,  P.  L.  444. 

1788.  Whenever  a  new  road  is  laid  out,  under  the  provisions  of 
this  act,  the  costs  and  expenses  of  laying  out,  opening,  and  fitting 
the  same  for  travel,  as  well  as  the  damages  sustained  by  the  owner 
or  owners  of  land  taken  for  the  same,  or  through  whose  land  the 
same  may  pass,  shall  be  borne  or  paid  by  the  several  townships  ment- 
ioned in  the  first  section  of  this  act,  in  such  just  and  equitable  pro- 
portions as  the  said  court  of  quarter  sessions,  upon  report  of  three 
disinterested  persons  appointed  by  the  said  court  to  view  and  assess 
the  same,  shall  fix  and  determine. 

Sec.  3,  Act  of  June  7,  3007,  P.  L.  444. 

1789.  The  costs  of  all  proceedings,  under  the  provisions  of  this 
act,  shall  be  paid  by  the  township  or  townships  mentioned  in  the 
first  section  of  this  act,  as  the  court  shall  determine  and  direct. 

See.  4.  Act  of  .Tun.'  7,   1007.  P.  L.  444. 

1700.  The  board  of  viewers  to  be  appointed  under  this  act  shall 
consist  of  three  disinterested  persons. 

Sec.  5.  Act  of  June  7.  1007.  P.  L.  444. 

The   viewers   appointed   under   tin*   section    are   appointed    under  the  pro- 
visions of  Sec.  5,  Act  of  May  11,  1911,  P.  L.  1123. 

1701.  Where  any  street,  lane,  or  alley  laid  out  by  any  person  or 
persons  in  any  village  or  town  plot,  or  in  any  plans  of  lots  on  lands 
owned  or  controlled  by  such  person  or  persons,  shall  have  been  ac- 
cepted  as,  or  in  any  manner  become,  a  public  highway,  and  the  said 
street,  lnne  or  alley,  or  any  part  thereof,  has  been  or  shall  hereafter 
be  duly  and  lawfully  vacated  as  a  public  highway,  and  shall  have 
been  actually  closed  noon  the  ground,  any  action  at  law  or  equity  by 
any  person  to  enforce  any  right  in  said  street,  lane,  or  alley,  so 
vacated,  or  easement  in  the  ground  embraced  within  the  boundaries 
(»f  the  same,  by  reason  of  ownership  of  or  interest  in  any  lot  or  lots 
in  said  plan,  or  otherwise,  shall  he  broughl  within  live  years  after 
the  vacation  of  said  street,  lane,  or  alley  as  a  public  highway  and  the 
closing  of  the  s;nne  on   (he  ground,  and  not  thereafter:      Provided, 


>  I  - 


Tlui (  any  person  who  would  be  sooner  barred  l>.\  this  acl  shall  not  be 
thereby  barred  for  one  year  from  the  approval  thereof. 

Sec.  1,  Act  of  March  30,  1!>11,  P.  L.  30. 

L792.  From  and  after  the  expiration  of  a  period  of  five  years  after 
tlic  vacation  of  a  street,  lane  <>r  alley,  as  mentioned  in  the  preceding 
section,  without  the  bringing  of  any  such  action  as  in  said  section 
mentioned,  the  designation  of  s;iid  street,  lane,  or  alley,  upon  said 
plan  shall  have  no  force  or  effect,  and  all  easements  iii  the  ground 
covered  by  said  street,  of  every  nature  and  kind  whatsoever,  and 
either  public  or  private,  shall  cease  and  determine. 

Sec.  2,  Act  of  March  30,  1911,  P.  L.  30. 

17(.»:t.  Upon  the  petition  of  the  county  commissioners  of  any 
county,  the  court  of  quarter  sessions  of  the  county,  with  the  approval 
(hereof  by  the  grand  jury,  may  vacate  as  a  county  road  any  portion 
or  portions  of  any  road  the  permanent  improvement  whereof  has  been 
ordered,  and  made  in  whole  or  in  part,  under  the  provisions  of  an 
act  of  assembly  approved  dune  twenty-sixth,  one  thousand  eight 
hundred  and  ninety  live,  and  entitled  "An  act,  providing  for  the  per- 
manent improvement  of  certain  puldic  roads  or  highways  in  the  sev- 
eral counties  of  this  commonwealth,  making  said  improved  roads  and 
highways  county  roads,  authorizing  the  relocation,  ojpening,  widen- 
ing, straightening,  extending  and  alteration  of  the  same,  and  the 
vacation  of  so  much  of  any  road  as  may  thereby  become  unnecessary: 
authorizing  the  taking  of  property  for  such  improvement,  and  provid 
ing  for  tin1  compensation  therefor  and  damages  resulting'  from  such 
taking;  providing  for  the  payment  of  the  costs  and  expenses  incurred 
in  making  such  improvements,  and  thereafter  repairing  and  main- 
taining said  road,  and  authorizing  the  levy  of  a  tax  to  provide  a  fund 
for  said  purposes. 

Sic  1.  Art  of  May  1.  1001.  P.  L.  11<>. 

1794.  All  portions  of  such  roads,  so  vacated,  shall  become  and  be 
township  roads. 

Sec.  2,  A.t  of  May  1.  1901,  P.  L.  110. 

1795.  Whenever  viewers  are  appointed  to  vacate  any  public  road, 
street,  or  highway  in  this  commonwealth,  and  the  vacation  of  the 
same  takes  no  land  from  the  owner  or  owners  of  land  abutting  there- 
on, if,  in  the  opinion  of  the  viewers  so  appointed  the  vacation  of  said 
road,  street,  or  highway  damages  the  property  of  the  abutting  owner, 
they  may  award  damages  to  such  owner  or  owners  as  though  land 
had  been  actually  taken  and  such  damages  shall  be  paid  as  is  now 


346 

provided  by  existing  laws  where  land  is  actually  taken  for  the  open- 
ing, vacating,  and  laying  out  of  roads,  streets,  and  highways. 

.Sec.  1,  Act  of  Juno  27,  1913,  P.  L.  033. 

For  provisions  relating-  to  the  payment  of  damages  where  land  is  actually 
taken  for  the  opening,  vacating  and  laying  out  of  roads,  streets  and  high- 
ways see  Sees.  174()-174."i 

This  act  docs  not  change  the  existing  law  as  to  who  is  liable  for  the  damages 
for  the  opening  and  vacating  of  public  roads.  Damages  fcr  opening  a  road 
in  a  township  of  the  second  class  arc  properly  assessed  against  the  county: 
Road  in  Fulton  Township,  23  D.  R.  G7S,  s.  c.  31  Lane.  L.  R.  134;  28  York  94, 

This  act  does  not  authorize  the  collection  of  damages  from  the  Common- 
wealth for  diverting  a  pari  of  a  state  highway  from  its  original  course.  Such 
a  diversion  does  not  constitute  a  vacation:  Saeger  V.  Commonwealth.  25& 
Pa.  239,  aff.  45  Pa.  C.  C.  452. 

When  the  viewers  made  no  elfi  rt  to  adjusl  the  damages  resulting  to  abutting 
property  owners,  and  made  no  reference  in  their  report  relative  thereto,  an 
exception  to  the.r  report  on  thai  ground  will  be  sustained:  Liberty  Town- 
ship Road,    ',<•)  l'a.  V.   C.  376,  »    e.  28  D.   A'.   98. 

If  the  provisii  ns  of  the  act  can  be  fairly  construed  to  impose  liability  on 
the  county  for  the  vacation  of  a  township  mad.  then  the  act  is  clearly  un- 
constitutional by  reason  of  its  defective  title :  Wright  v.  Luzerne  Co.  (17 
Super.  Ct.  618 

(f)     Altering  and  Widening  Township  Roads  Connecting  Municipal 

Corporations  or  Parts  Thereof. 

1796.  In  all  cases  where  public  roads,  or  parts  thereof,  in  town- 
ships of  this  Commonwealth,  connecting  a  city  with  a  city,  a  city 
with  a  borough,  or  a  borough  with  a  borough,  or  connecting  one  part 
of  a  city  with  another  part  of  the  same  city,  shall  have  become  in- 
convenient and  burdensome,  and  shall  require  altering  and  widening, 
or  either  altering  or  widening,  to  meet  the  requirements  of  public 
travel  thereon,  it  shall  be. lawful  for  the  court  of  quarter  sessions, 
by  the  same  process  now  provided  for  opening  and  laying  out  public 
roads,  to  alter  and  widen,  or  either  alter  or  widen,  such  roads,  vacat- 
ing sivh  part  or  parts  of  the  said  old  roads  as  are  rendered  useless 
by  such  alteration:  Provided,  That  upon  a  petition,  the  width  of  the 
road  so  widened  shall  be  fixed  by  the  court,  on  recommendation  of 
the  viewers,  and  damages,  taking  into  account  benefits  conferred, 
shall  be  awarded  and  paid  according  to  the  provisions  of  the  act  of 
June  thirteenth,  one  thousand  eight  hundred  and  thirty-six,  (P.  L. 
551),  and  its  supplements:  Provided  further,  That,  in  addition  to 
the  powers  conferred  upon  the  viewers  by  this  act,  they  are  hereby 
authorized  and  shall  assess  the  cost  of  such  widening  and  altering, 
or  either  widening  or  altering,  of  such  road  to  the  respective  cities 
and  boroughs,  or  city  and  borough  and  townships,  or  township,  as 
the  case  may  be,  in  such  proportion  as  to  them  may  seem  equitable 
and  just,  taking  into  consideration  benefits  derived  by  such  widening 


347 

and  altering,  or  either  widening  or  altering,  to  the  cities  or  borough, 
or  city  and  borough  and  townships,  or  township,  connected  by  and 
through  which  said  such  road  may  pass;  and  in  case  such  widening 
or  altering,  or  either,  is  made  necessary  in  pari  by  the  use  of  such 
road  by  a  corporation,  or  corporations,  then  the  viewers  shall  have 
further  power  to  assess  such  corporation,  or  corporations,  such  pari 
of  the  cost  of  widening  and  altering,  or  either,  as  the  viewers  may 
agree  is  just  and  reasonable. 

Sec.  1,  Act  of  June  1,  1907,  P.  L.  372. 

Thia  ad  amends  section  1,  Act  of  April  3,  1903,  P.  L.  L37. 

Tin's  .let  does  not  repeal  local  or  special  laws.  Loyalsock  Tup.  road, 
26  Super,  ('i.  219.  This  case  also  contains  dictum  as  to  the  unconstitution- 
ality of  this  act. 

(g)     Alteration,  Relocation  and  Vacation  of  Roads  Leading  to  Parks 
and  Public  Grounds,  Vested  in  the  State. 

17!)7.  Whenever  a  public  road  or  highway  within  a  park  or  public 
ground,  title  to  which  park  or  public  grounds  is  vested  in  the  State 
<>f  Pennsylvania,  is  laid  out,  located,  relocated,  altered,  or  vacated. 
in  such  manner  that  a  public  road  or  highway,  approaching,  leading 
into,  or  contiguous  to  such  park  or  public  grounds,  shall  become 
either  useless,  inconvenient,  or  burdensome,  such  public  toad  or 
highway,  approaching,  leading  into,  or  contiguous  to  such  park  or 
public  grounds,  may  be  altered,  relocated,  or  vacated,  by  the  town- 
ship supervisors  or  other  officials  charged  with  the  duty  of  maintain- 
ing such  roads  or  highways,  in  whole  or  in  part,  for  the  purpose  of 
making  it  convenient  and  suitable  as  an  approach  to  the  roads  and 
highways  within  said  park  or  public  grounds,  upon  tin1  consent  and 
agreement  of:  (a)  the  commissioners  or  officials  charged  with  the 
cure  and  management  of  said  park  or  public  grounds;  (h)  the  town- 
ship supervisors,  or  other  officials  charged  with  the  duty  of  main- 
taining said  roads  or  highways,  approach  in  g.  Leading  into,  or  con- 
tiguous to  said  park  or  public  grounds;  and  (c)  the-property  owners 
owning  the  majority  of  the  frontage  of  land  abutting  upon  the  re- 
located portion  of  the  roads  or  highway,  approaching,  leading  into, 
or  contiguous  to  said  park  or  public  grounds. 

Sec.  1,  Act  of  May  1,  1919.  P.  I/.  93. 

L798.  The  filing  of  the  consent  and  agreement  of  commissioners 
or  officials  charged  with  the  care  and  management,  of  such  park  or 
public  grounds,  the  township  supervisors  or  officials  charged  with 
the  maintenance  of  said  roads  and  highways,  and  of  the  property 
owners,  provided  for  in  section  one  of  this'act,  in  the  court  of  quarter 
sessions  of  the  county  or  counties  in  which  the  altered,  relocated,  or 


348 

vacated  road  or  highway  is  situated,  shall  have  the  same  force  and 
effect  as  the  filing  and  the  approval  and  absolute  confirmation  by 
the  court  of  quarter  sessions  of  a  report  of  viewers  appointed  in  ac- 
cordance with  the  general  road  law,  and  shall  have  the  same  force 
and  effect  as  though  said  viewers  had  laid  out,  located,  relocated, 
altered,  or  vacated  such  road  or  highway  in  accordance  with  the 
agreement  filed  as  aforesaid,  and  the  report  of  said  viewers  had  been 
filed,  approved  and  absolutely  confirmed  by  the  court. 

Sec.  2,  Act  of  May  1,  1919,   P.  L.  93. 

1799.  The  filing  of  said  agreement  to  the  court  of  quarter  ses- 
sions shall  be  conclusive  as  to  the  question  of  the  necessity  for  the 
laying  out,  location,  relocation,  alteration,  or  vacation  of  said  roads 
or  highways,  as  contained  in  the  said  agreement,  and  as  to  whether 
the  said  roads  or  highways,  as  laid  out,  located,  relocated,  altered, 
or  vacated,  are  useless,  inconvenient,  and  burdensome. 

Sec.  3,  Act  of  May  1,  1919,  P.  L.  93. 

1800.  Such  road  or  highway,  when  altered  or  relocated,  shall  be 
maintained  and  repaired  in  the  same  manner  as  other  township  roads 
are  maintained  and  repaired. 

Sec.  4,  Act  of  May  1,  1919,  P.  L.  93. 

1801.  The  owner  of  any  land  through  which  any  public  road  or 
highway  may  be  relocated  as  provided  for  in  the  provisions  of  this 
act,  may  apply  by  petition  to  the  court  of  quarter  sessions  of  the 
proper  county,  setting  forth  the  injury  which  he  or  she  may  have 
sustained  by  reason  of  the  relocation  of  the  said  public  road  or 
highway,  and  the  proceedings  relative  to  the  assessment  and  pay- 
ment of  damages  of  said  land  owner  shall  be  in  accordance  with  the 
provisions  of  the  existing  general  road  laws. 

Sec.  5.  Act  of  May  1,  1919,  P.  L.  93. 

(h)  County  Commissioners  Authorized  to  Locate,  Lay  Out, 
Straighten,  Widen,  Extend,  Alter,  Open,  Vacate,  and  Repair 
Certain  Township  Roads. 

1802.  That  the  several  counties  of  the  Commonwealth  shall  have 
the  power,  and  they  are  hereby  authorized,  whenever  the  commis- 
sioners or  a  majority  of  them  shall,  by  resolution  duly  adopted,  deem 
it  expedient  so  to  do,  and  upon  approval  thereof  by  a  grand  jury  and 
by  the  court  of  quarter  sessions,  as  hereinafter  provided,  for  the  pur- 
pose of  providing  public  roads,  specially  constructed  and  improved, 
shall  have  the  power  to  take  exclusive  control  of  and  improve  any 


349 

public  road  or  highway,  or  section  thereof,  located  either  wholly  or 
in  part  in  any  borough  or  township,  within  their  respective  limits, 
whether  existing  by  their  authority  or  laid  out  in  whole  or  in  pari  by 

virtue  of  this  act,  or  otherwise;  and  for  that  purpose  they  are  here- 
by authorized  and  empowered  to  originally  locate,  lay  out,  establish, 
in  whole  or  in  part,  relocate,  straighten,  widen,  extend,  alter,  and 
open,  public  roads  and  highways,  and  to  construct  and  improve  the 

same,  and  to  vacale  so  much  of  any  roads  as  may  be  thereby  rendered 
unnecessary  and  useless,  in  the  manner  and  by  the  procedure  here- 
inafter provided;  but  any  road  or  highway  as  established  or  altered, 
constructed  and  improved,  under  the  provisions  of  this  act,  shall,  by 
ordinance  enacted  by  the  borough  councils  of  the  borough  or  several 
boroughs,  or  by  resolution  adopted  by  the  supervisors  of  the  town- 
ship or  several  townships,  through  which  such  road  shall  pass,  be- 
come borough  or  township  roads;  and  the  duty  of  maintaining  and 
keeping  the  same  in  repair  shall  devolve  upon  the  proper  township 
or  borough  through  or  into  which  the  same  extends:  Provided,  That 
no  applications  under  this  act  shall  be  permitted  by  the  court  of 
quarter  sessions  of  any  county,  until  the  commissioners  of  such 
county  shall  have  fulfilled  the  following  conditions: — 

Any  board  of  county  commissioners  which  desires  the  benefits  of 
this  statute  shall  cause  to  be  laid  out,  surveyed,  and  adopted,  as 
hereinafter  provided,  a  system  of  main  thoroughfares,  which  said 
board  shall  adjudge  the  proper  roads  to  be  established  and  specially 
constructed  and  improved  in  accordance  with  this  act.  as  now 
amended.  In  adopting  a  system,  the  commissioners  shall  consider 
the  population  and  needs  of  all  parts  of  the  county,  and  make  an 
equitable  distribution  of  the  roads  to  be  specially  constructed,  lo- 
cated, and  improved  by  the  said  county.  They  shall  cause  a  plan  or 
plans  to  be  made  showing  said  system  of  proposed  roads,  the  rela- 
tion of  the  proposed  roads  to  existing  public  roads  which  connect 
therewith  or  are  to  be  supplied  thereby,  the  names  of  abutting  pro- 
perty owners,  and  also  all  roads  which  have  been  improved  under  the 
said  acts  hereby  amended.  Upon  approval  of  said  plan  or  plans,  by  a 
resolution  duly  adopted  by  the  commissioners,  they  shall  cause  said 
resolution  to  be  engrossed  upon  said  plans,  and  certified  over  the 
signature  of  a  majority.  Said  plans  shall  be  filed  for  public  inspec- 
tion in  1he  office  of  the  commissioners,  and  recorded  in  the  office  of 
the  recorder  of  deeds,  in  a  book  to  be  provided  for  the  purpose.  After 
the  adoption  and  recording  of  said  plans,  all  applications  under  this 
act  to  the  court  of  quarter  sessions  shall  be  restricted  and  relate  to 
tin1  establishing,  opening,  construction,  and  improvement  of  the  pro- 
posed roads  of  said  system,  or  parts  thereof,  and  the  vacation  of 
roads   supplied    by   the  portions   opened    and    improved:     Provided. 


350 

That  the  commissioners,  upon  approval  by  a  grand  jury  and  the 
court  of  quarter  sessions,   as  hereinafter  provided,   are  empowered 
to  relocate,  straighten,  widen,  extend,  alter,  and  open,  construct  and 
improve,  the  proposed  public  roads,  as  laid  out,  surveyed,  marked, 
and  shown  upon  said  plans  of  said  system;  or  to  originally  locate, 
lay  out,  and  establish,  construct  and  improve  public  roads  which 
substantially  supply  said  system  or  parts  thereof,  or  which,  although 
not  parts  of  said  system,  are  deemed  by  the  said  grand  jury  and 
court  to  be  main  thoroughfares  of  sufficient  importance  to  be  im- 
proved by  the  county,  and  to  be  added  to  said  plan  •  and,  in  such  case. 
to  vacate  so  much  of  the  roads  of  said  system,  and  of  public  roads 
already  established,  as  may  be  rendered  unnecessary  by  the  changes 
or  by  entirely  new  location:     Provided  also,  That  no  part  of  the 
proposed  roads  of  said  system  shall,  as  such,  be  an  easement  upon 
private  property,  or  in  any  manner  interfere  with  the  use  thereof. 
until  established  as  a  public  road  by  the  action  of  the  grand  jury 
and   the  court  of  quarter  sessions:     Provided   also.   That  the  com 
missioners,  subject  to  the  approval  of  a  grand  jury  and  the  court  of 
quarter  sessions,  as  hereinafter  provided,  may  originally  locate,  lay 
out,  and  establish,  in  whole  or  in  part,  relocate,  straighten,  widen, 
extend,  alter,   and   open,   construct  and   improve  public  roads,  not 
parts  of  said  system  nor  deemed  main  thoroughfares,  upon  parties 
interested  therein  paying  or  securing  to  be  paid,  in  a  manner  to  be 
approved  by  the  court  of  quarter  sessions,  such  proportion  of  the 
cost  of  the  original  construction  and  improvement  as  the  commis- 
sioners may  deem  just,  which  shall  not  be  less  than  one-fourth  of 
such  cost  in  any  case:    Provided  also   That  in  any  .county,  where  no 
work  has  been  done  in  the  improvement  of  its  roads  hereunder,  prior 
to  April  first,  one  thousand  nine  hundred  and  five,  the  commissioners 
of  said  county  shall  not  be  required  to  adopt  and  file  the  plans,  afore- 
said,  until  the  expiration  of  a  period  of  two  years  from  and  after  the 
commencement  of  the  improvement  of  the  roads  of  said  county,  :is 
;i  foresaid. 

See.  1.  Act  of  June  26.  1895,  P.  L.  336,  as  amended  by  Act  of  May  13.  1900, 
P.  L.  527. 

This  act  lias  the  effect  of  imposing  liability  on  the  county  for  injuries 
occassioned  by  breach  of  the  county's  duty  to  repair  roads  improved  and 
taken  over  under  its  provisions :  McCormicJc  v.  Allegheny  County,  268  Pa. 
146;  Clark  v.  Allegheny  County,  260  Pa   199. 

1803.  The  several  counties  of  this  Commonwealth  shall  have  the 
power,  and  they  are  hereby  authorized,  whenever  the  county  com- 
missioners or  a  majority  of  them  shall  resolve  so  to  do,  and  upon 
the  approval  thereof  by  a  grand  jury  and  by  the  court  of  quarter 
sessions,   in    the    manner   hereinafter   provided,    for   the   purpose   of 


351 

providing  public  roads,  specially  constructed,  improved,  and  main- 
tained, to  make,  construct,  and  maintain  public  roads  or  highways 
as  county  roads  within  their  respective  limits;  and,  to  that  end,  to 
originally  Lay  out  and  open  any  public  road  or  highway,  and  to  take 
possession  of.  and  exercise  control  over,  any  existing  township  road 
or  highway,  or  part   thereof,  and,  either  at    the  lime  of  and   in  con 

nection  with  the  original  improvement  of  such  road  or  at  any  ti 

thereafter,  to  straighten,  widen,  extend,  and  alter  any  such  road  or 
part  thereof,  and  to  vacate  so  much  of  any  such  road  or  part  thereof 
as  may  become  unnecessary  and  useless;  and  any  road  or  highway 
so  taken  over  or  improved  under  the  provisions  of  this  act  shall 
thereupon  become  a  county  road  :  and  it  shall  be  the  duty  of  such 
county  to  keep  and  maintain  such  road  in  repair,  whether  improved 
under  this  or  former  acts  of  Assembly,  the  expense  thereof  to  be  paid 
by  such  comity  in  the  manner  hereinafter  provided. 

Sec.  1,  Act  of  May  11,  1911,  P.  L.  244,  as  amended  by  Sec.  1.  Art  «,f  July 
12,  1919,   P.  L.  738. 

Tin's  ;h-(  lias  ilio  effect  of  imposing  liability  on  the  county  for  injuries  oq- 
casioned  by  breach  of  the  county's  duly  to  repair  roads  improved  and  takcu 
over  under  its  provisions:  McCormick  v.  Allegheny  County,  263  Pa.  l.)6 ; 
Vlarjc  v.  Allegheny  County,  260  Pa.  199. 

An  order  to  vacate  as  a  county  road  part  of  a  turnpike  which  was  abandoned 
as  a  turnpike  and  has  been  maintained  as  a  county  mad.  will  not  be  refused 
on  the  ground  that  it  would  be  prejudicial  to  the  right  of  the  township  and 
no    notice   of   the    application    was    given    to    the    supervisors:      Vacation    of 

ounty  Road,  formerly  the  Maytown  and  Marietta  Turnpike,  -17  Lane.  L.  R. 
475. 

1804.  All  such  roads  and  highways,  and  all  parts  thereof,  origin- 
ally constructed  and  improved  in  accordance  with  the  provisions  of 
this  act,  shall  be  deemed,  taken,  and  treated  as,  and  become,  public 
highways  of  the  said  county,  and  shall  be  subject  to  the  control  and 
supervision  of  the  proper  county  commissioners;  and  it  shall  be  the 
duty  of  said  several  counties  to  keep,  maintain  and  repair  the  same* 
whenever  and  as  often  as  it  shall  be  found  necessary;  and  all  road 
supervisors,  authorities,  persons,  or  townships,  heretofore  required 
to  maintain  and  keep  in  repair  such  roads  or  parts  thereof,  shall 
thereupon  and  thereafter  cease  to  have  any  management  of  or  con- 
trol over  said  roads  or  any  part  thereof;  and  such  supervisors, 
authorities  and  townships  are  hereby  relieved  from  all  duty  and  re- 
sponsibility in  and  about  the  care,  maintenance,  and  repair  of  all 
roads  improved  under  this  act  and  of  former  acts,  and  becoming 
county  roads;  and  all  other  public  mads  shall  continue  under  the 
control  of  the  proper  local  authorities,  and  shall  be  opened,  repaired, 
and  maintained  under  the  laws  now  in  fore*'  in  the  respective  town- 
ships of  the  several  counties  of  this  Commonwealth. 

Sec.  19.     Act  of  May  11,  1911,  P.  L.  244. 


352 

1805.  Upon  petition  of  the  county  commissioners  of  any  county, 
the  court  of  quarter  sessions  of  the  comity,  with  the  approval  thereof 
by  the  grand  jury,  may  vacate  as  a  county  road  any  portion  or  por- 
tions of  any  abandoned  or  condemned  turnpike  road  or  of  any  road 
the  permanent  location  or»  improvement  whereof  has  been  ordered 
or  made  under  this  or  former  acts  relating  to  county  roads,  and  all 
portions  of  such  roads  so  vacated  shall  become  and  be  township 
roads. 

See.  20,  Act  of  May  11,  1011,  P.  L.  244.  as  amended  by  Sec.  2,  Act  of 
July  8,  1919,   P.  L.  10B. 

1806.  Any  county  of  this  Commonwealth  may  appropriate  and 
expend  moneys  and  incur  such  indebtedness  and  issue  bonds  or  other 
obligations  therefor,  as  may  be  necessary  to  pay  for  the  improvement 
and  maintenance  of  any  State  highway  or  State-aid  highway  or  any 
public  highway  within  its  proper  limits:  Provided,  however,  That 
no  improvement  can  be  made  to  any  State  highways  or  State-aid 
highways  until  the  same  has  been  submitted  to  and  approved  by  the 
State  Highway  Department:  And  provided  further,  That  no  county 
shall  appropriate  and  expend  any  of  such  moneys  for  the  improve- 
ment and  maintenance  of  any  public  highway,  other  than  a  State 
highway  or  State-aid  highway  or  county  road,  where  the  highway  is 
to  be  improved  jointly  by  the  township  or  borough  and  county,  until 
and  unless  the  supervisors  or  commissioners  of  the  township  or  bor- 
ough council  of  the  borough  in  which  the  highway  proposed  to  be  im- 
proved lies  shall  first  petition  the  county  commissioners  of  the  county, 
representing  that  any  highway  or  section  thereof,  lying  within  such 
township  or  borough,  on  which  it  is  proposed  that  said  money  shall 
be  expended,  is  in  need  of  reconstruction  or  repair,  and  particularly 
describing  said  highway,  and  until  and  unless  the  said  application 
lias  been  submitted  to  and  approved  by  the  State  Highway  Depart- 
ment; And  provided  further,  That  wrhen  the  improvement  and  main- 
tenance of  any  public  higway  in  the  county  is  desired  by  the  county 
without  the  intervention  of  the  township  or  borough,  the  commission- 
ers of  said  county  may  make  application  for  approval  direct  to  the 
State  Highway  Department. 

See.  1.   Art  of  June  12,  1919,  P.  L.  450,  as  amended  by  Act  of  March  To. 
1921.  P.  L.  26. 

(i)     County  to  Erect  Barriers  on  Roads  at  Dangerous  Places. 

1807.  When  a  road  or  highway  runs  along  the  edge  of  a  preci- 
pice, along  which  it  may  be  necessary  to  erect  guards  or  barriers  for 
the  proper  protection  of  the  travelling  public,  and  the  erecting  of 
such  guards  or  barriers  requires  more  expenses  than  it  is  reasonable 


the  township  should  bear,  the  court  having  jurisdiction  shall,  on  the 
representation  of  the  supervisors,  or  on  the  petition  of  any  of  the 
inhabitants  of  such  township,  order  a  view,  in  the  manner  provided  for 
in  the  case  of  roads :  and  it',  on  the  report  of  viewers,  it  shall  appear  to 
the  court,  grand  jury  and  commissioners  of  the  county,  that  such 
guards  or  barriers  are  necessary,  and  would  he  too  expensive  for 
such  township,  the  same  shall  be  erected  and  maintained  as  county 
bridges  are  now  erected:  and  the  provisions  of  this  act  shall  apply 
to  roads  already  opened,  as  well  as  those  hereafter  opened. 

An   of  May  25,  1878,  P.  L.  150. 

(j)  County  and  Township  to  Pay  One-Half  of  the  Cost  of  Improve- 
ment of  Roads  Forming  Dividing  Line  Between  City  and 
Township  Located  in  Another  County. 

1808.  Whenever  the  centre  line  of  any  highway  constitutes  a 
dividing  line  between  a  city  and  a  township  located  in  an  adjacent 
county,  it  shall  he  lawful  for  the  commissioners  of  the  county  and 
for  the  commissioners  or  township  supervisors  of  such  township,  as 
the  case  may  he,  to  enter  into  a  contract  with  the  city  providing 
for  the  grading,  curbing,  macadamizing,  or  paving  of  the  roadway 
of  said  highway,  the  cost  thereof  to  be  borne  one-half  by  the  city, 
and  one-half  by  the  township  and  the  county  in  which  such  township 
shall  be  situated  in  equal  portions. 

Sec.  1,  Act  of  June  20,  1019,  P.  L.  513. 

1800.  The  said  alteration  or  improvement  shall  be  constructed, 
and  subsequent  repairs  shall  he  made,  under  the  supervision  of  the 
proper  authorities  of  the  said  city,  in  compliance  with  existing  laws 
governing  such  construction  or  improvement  of  such  city,  and  in 
further  compliance  with  plans  and  specifications  to  be  agreed  upon 
in  writing  between  such  city  and  the  commissioners  of  the  county 
and  the  commissioners  or  township  supervisors  of  the  said  township. 
The  cost  of  repairs  shall  be  borne  one-half  by  the  city,  and  one-half 
by  the  township  or  by  the  county  and  township  in  equal  portions  or 
such  other  proportion  as  may  he  agreed  upon  by  the  county  and 
township. 

Sec.  2,  Act  of  June  20.  1919.  P.  L.  513. 

1810.  In  all  cases  in  which  it  shall  be  found  impossible  to  enter 
into  such  contract  or  agreement  as  is  provided  for  by  the  first 
section  of  this  act,  or  where  either  the  city  or  the  township  or  the 
county  in  which  such  township  is  situated  shall  refuse  to  enter  into 
such  contract  or  agreement,  it  shall  be  lawful  for  either  the  city  or 
the  county  or  township  to  present  its  petition  to  the  court  of  com- 
28 


354 

mon  pleas  of  either  county,  setting  forth  the  facts  and  circumstances, 
including  the  condition  of  the  highway  from  which  the  necessity  or 
desirability  for  the  grading,  curbing,  macadamizing,  or  paving  of 
the  roadway  appears,  and  the  estimated  cost  thereof,  and  that  the 
terms  of  the  said  contract  as  provided  for  in  section  one  cannot  be 
agreed  upon  by  the  said  city  and  the  county  or  township,  or  either 
or  any  of  them,  or  that  either  such  city  or  the  county  or  township, 
or  any  or  either  of  them,  refuses  to  enter  into  such  contract.  Such 
petition  may  pray  that  such  court  may,  after  hearing  all  the  parties 
concerned,  make  its  order  or  decree,  defining  the  nature  and  charact- 
er of  the  improvement  reasonably  necessary  or  desirable  to  be  made 
to  the  roadway,  and  requiring  the  parties  hereinabove  specified  to 
enter  into  a  contract  or  contracts  for  the  making  and  constructing 
of  the  same  as  herein  provided  for.  A  copy  of  the  said  petition,  duly 
certified,  shall  be  served  upon  the  city  or  the  county  and  township 
concerned,  other  than  the  petitioner,  with  notice  of  such  day  as  may 
be  fixed  by  the  court  for  the  hearing.  Thereupon  either  or  both  of 
the  parties  served  with  such  notice  shall  be  entitled,  on  or  before 
such  date,  to  file  in  the  said  court  its  answer  to  the  said  petition, 
setting  forth  its  version  of  the  facts  or  such  other  matters  in  rela- 
tion thereto  as  may  be  deemed  necessary  or  proper  by  it.  The  said 
court,  upon  the  date  so  fixed  or  at  such  other  time  as  it  may  appoint, 
shall  hear  the  evidence  of  the  parties,  or  it  may  refer  the  matter  to 
a  master,  who  shall  hear  the  testimony  of  the  parties  and  report  his 
findings,  in  the  same  manner  and  under  the  same  procedure  as  pro- 
vided by  the  rules  in  equity  in  similar  cases  to  the  said  court,  which 
may  reject,  confirm,  or  modify  the  same,  and  may  make  its  decree 
or  order  directing  the  making  of  such  alterations  or  improvements 
to  the  roadway  as  may  be  deemed  reasonably  necessary  or  desirable, 
and  providing  for  the  sharing  t>f  the  cost  of  such  improvements,  one- 
lialf  by  the  city,  and  one-half  by  the  county  and  township  in  equal 
portions.  The  said  order  or  decree  may  further  provide  that  the 
repairs  of  such  alterations  and  improvements  subsequently  required 
shall  be  borne  one-half  by  the  city,  and  one-half  by  the  county  or 
township  in  equal  portions  or  such  other  proportions  as  between  the 
county  and  the  township  as  such  court  may  find  to  be  legal  and  pro- 
per; and  thereupon  the  said  grading,  curbing,  macadamizing,  or  pav- 
ing of  the  roadway  of  such  highway  shall  proceed  in  accordance  with 
the  decree  or  order  of  the  said  court  in  the  same  manner  as  if  the 
contract  or  agreement  provided  for  in  the  first  section  of  this  act 
had  been  entered  into  and  duly  executed. 

Sec.  3,  Act  of  June  20,  1910,  P.  L.  513. 


::r>5 

(k)     Townships  Authorized  to  Assist  Counties  in  the  Construction 
and  Maintenance  of  County  Highways. 

1811.  The  proper  authorities  <>f  any  borough  or  township  or  any 
incorporated  town  of  this  Commonwealth,  be,  and  arc  hereby,  author- 
ized to  enter  into  a  contract  or  contracts  with  the  commissioners 
of  any  county  in  this  Commonwealth,  providing  that  the  said  county 
commissioners  shall  construct  an  improved  highway  or  highways 
under  the  provisions  of  the  act  to  which  this  is  a  supplement,  and 
the  expense  or  cost  of  said  construction  shall  he  borne  jointly  by 
the  said  borough,  township,  or  incorporated  town  and  the- said  coun- 
ty, in  such  ratio  or  proportions  as  may  he  agreed  on  in  said  con- 
tract or  contracts. 

Sec.  1,   Act  of  May  24.  1!>17.  P.   I..  291,  supplementing  Act  <-f  May  11, 
1911,   P.   L.  244. 

1812.  Payment  for  the  construction  of  said  highway  or  highways, 
as  provided  for  in  section  one  of  this  supplement,  shall  he  made  by 
the  county,  which  shall  he  reimbursed  by  the  said  borough,  township, 
or  incorporated  towns,  in  such  sums  as  agreed  upon  in  said  contract 
or  contracts,  upon  presentation  to  them,  from  time  to  time,  of  esti- 
mates and  bills  for  work  already  performed  and  paid  for  under  the 
provisions  of  the  act  to  which  this  is  a  supplement. 

Sec.  2.  Act  of  May  24.  1917,  P.   L.  291,  supplementing  Act  of  May  11. 
1911,    P.    L.    244. 

1813.  The  several  boroughs,  townships,  or  incorporated  towns,  in 
this  Commonwealth,  who  shall  enter  into  a  contract  or  contracts  with 
the  county  commissioners  of  their  respective  counties  tor  the  joint 
construction  of  improved  highways  under  the  provisions  of  this  sup- 
plement, are  hereby  authorized  to  incur  such  indebtedness,  and  issue 
interest  bearing  bonds  therefor,  as  may  be  necessary  to  pay  their 
proper  share  of  said  costs  of  construction  as  agreed  in  said  contract 
or  contracts;  subject  however,  to  the  constitutional  limitations  of 
such  indebtedness. 

Sec.  ::.  Act  of  May  24.  1!H7.  P.  L.  291  supplementing  Act  of  May  11.  11)11. 
P.  L.  244. 

1814.  Any  highway  constructed  jointly,  under  the  provisions  of 
this  supplement,  shall  be  repaired  ami  maintained  at  the  expense  of 
the  proper  county:  but  nothing  shall  prevent  the  proper  authorities 
of  a  borough,  township,  or  incorporated  town  from  entering  into  a 
contract  or  contracts  with  the  county  commissioners  of  the  proper 
county  for  the  maintainence  of  said  improved  highway,  under  such 
terms  and  conditions  as  may  be  mutually  satisfactory. 

Sec.  4.  Act    of  May  21.  1917,   P.   L.  291,  supplementing  Act    of  May  11, 
1911,  P.  L.  244. 


356 

(1)    Turnpikes,  Planks  Roads,  and  Toll  Bridges. 

1815.  The  several  supervisors  of  the  public  highways  of  their 
respective -townships  in  this  Commonwealth  are  hereby  severally  au- 
thorized aud  empowered  to  subscribe  for  so  much  capital  stock  in 
such  turnpike  companies,  who  have  constructed,  or  may  hereafter 
locate  and  construct,  any  such  turnpike  road  through  such  township, 
as  may  be  agreed  upon  by  the  tax-payers  of  said  respective  townships. 

Sec.  7,  Act  of  April  5,  1842,  P.  L.  230. 

This  act  does  not  seem  to  be  repealed  by  Art.  IX.  Section  7  of  the  Con- 
stitute n  prohibiting  the  General  Assembly  from  authorizing  inter  alia  any 
township  to  pledge  or  loan  its  credit  to  any  corporation,  etc.  See  Indiana  Co. 
v.  Agricultural  Society.  85  Pa.  357. 

1810.  Where  any  such  turnpike  as  aforesaid  may  now  pass,  or 
hereafter  be  constructed,  or  that  when  any  turnpike  company  may 
contemplate  to  make  a  turnpike  road  through  any  of  such  townships, 
it  shall  be  the  duty  of  the  respective  supervisors  of  such  townships,  as 
often  as  may  be  required  by  request  made  in  writing  by  at  least 
twelve  tax-payers  of  said  township,  to  cause  public  notice  to  be  given 
on'  a  day  therein  mentioned,  by  at  least  six  printed  or  written  ad- 
vertisements, affixed  at  as  many  of  the  most  noted  places  in  said 
township,  at  least  one  week  before  said  day,  that  an  election  will  be 
held  on  said  day,  at  the  usual  place  where  the  township  elections  are 
held,  to  elect  township  officers;  said  election  to  be  opened  between 
the  hours  of  one  and  two  o'clock  of  that  day  by  said  supervisors,  to 
be  assisted  by  two  qualified  citizens,  chosen  by  such  citizens  qualified 
to  vote  as  shall  then  be  present,  who  shall  be  judges  of  said  election ; 
and  such  citizens  of  said  township  qualified  to  vote  at  a  general  elec- 
tion shall,  between  the  hours  of  one  and  six  o'clock  of  that  day,  decide 
by  ballot  for  or  against  accepting  the  provisions  of  this  act,  and  at 
the  same  time  decide  by  ballot  the  amount  of  stock  to  be  subscribed 
for  on  behalf  of  said  township  ;  the  acceptance  and  the  non  acceptance 
of  this  act,  and  the  amount  of  stock  to  be  subscribed  for,  shall  be 
governed  by  the  majority  of  votes  at  any  such  election,  and  the  said 
judges  and  supervisors  shall  make  duplicate  returns  under  their 
hands  of  all  such  elections,  one  to  be  retained  by  the  supervisors,  and 
the  other  delivered  to  the  president  of  such  turnpike  company,  who 
may  have  constructed,  or  about  to  construct  such  turnpike  through 
said  township,  and  if  there  should  be  a  majority  of  votes  at  any  such 
election  in  favor  of  accepting  the  provisions  of  this  act,  it  shall  be 
the  duty  of  the  supervisors  of  such  townships  on  behalf  of  the  citizens 
thereof,  to  subscribe  for  so  much  capital  stock  in  such  turnpike  com- 
pany as  may  have  been  agreed  upon  at  such  election,  and  shall  assess 
such  an  amount  of  tax  on  the  citizens  of  such  township  as  may  be 


357 

requisite  for  the  disbursemenl  of  the  same,  to  be  assessed  and  col- 
lected in  such  manner  as  is  provided  for  taxes  to  !»<■  levied  and  col- 
lected to  keep  the  public  highways  in  repair;  and  it  shall  be  the  duty 
of  the  several  supervisors  of  such  townships  to  receive  all  dividends 
and  emoluments  arising  on  such  stock,  and  apply  the  same  towards 
keeping  the  public  highways  in  such  township  in  repair,  and  such 
supervisors  shall  receive  such  compensation  for  their  services,  that 
they  may  be  entitled  to  receive  for  like  services  in  said  township. 

bee.  8,  Ac(  of  April  5,  1842,  P.  L.  230. 

1817.  Where  a  turnpike,  toll-road  or  toll-bridge  company,  or  other 
private  corporation,  shall  own  or  control  the  whole  or  any  part  of  a 
road,  route  or  bridge  forming  all  or  any  portion  of  a  State  Highway, 
as  hereinbefore  described  and  defined,  it  shall  be  the  duty  of  the  State 
Highway  Commissioner,  for  and  in  behalf  of  the  Commonwealth,  by 
amicable  agreement,  to  purchase  said  turnpike,  toll-road  or  such  part 
thereof,  or  toll-bridge,  owned  by  such  company  or  corporation  ;  and 
if  a  fair  and  reasonable  price,  which  shall  be  approved  by  the  Gover- 
nor, for  said  road  or  part  thereof,  or  toll-bridge,  cannot  be  agreed 
upon,  it  shall  then  be  lawful  for  the  State  Highway  Commissioner 
to  petition  the  court  of  quarter  sessions  of  the  county  in  which  the 
State  highway,  or  any  part  thereof,  owned  or  controlled  by  said  turn 
pike  company,  bridge  company,  or  other  private  corporation,  is  locat- 
ed, setting  forth  that  such  turnpike  or  toll-road  or  part  thereof,  or 
toll-bridge,  is  a  State  highway,  within  the  designation  and  description 
of  this  act.  and  that  no  agreement  as  to  price  or  damage  can  be 
reached ;  and  thereupon  said  court  shall  appoint  a  jury  of  viewers, 
consisting  of  five  reputable  citizens  of  the  county  in  which  the  road 
or  part  thereof,  or  toll-bridge,  is  located ;  and  the  said  jury,  having 
been  sworn  or  affirmed  to  perform  their  duties  faithfully,  justly  and 
impartially,  shall,  after  due  notice  to  the  company  or  corporation 
and  the  State  Highway  Commissioner,  view  and  condemn  the  snid 
turnpike,  toll-road  or  highway  or  part  thereof,  or  toll-bridge,  as  a 
State  highway,  or  part  thereof,  and  shall  appraise  and  report  the 
damages  which  the  owner  or  owners  shall  be  entitled  to  receive  there- 
for. And  for  the  purpose  of  appraising  the  damages,  as  aforesaid, 
the  said  jury  shall  first  hear  evidence  on  the  part  of  the  said  owner  or 
owners,  and  afterwards  shall  hear  evidence  on  the  part  of  the  State 
Highway  Commissioner;  after  which,  evidence  shall  be  heard  in  re- 
buttal and  in  sur-rebuttal  as  prescribed  for  trials  at  law.  Said 
report,  shall  be  presented  for  confirmation  nisi  at  the  term  of  said 
court  next  succeeding  said  appraisement  and  view,  unless  by  order 
of  said  court  the  same  be  continued  to  a  later  term;  and  if  no  ex- 
ceptions are  filed  thereto  said  report  shall,  at  the  expiration  of  thirty 
days  after  confirmation,  nisi,  be  confirmed  absolutely;  and,  an  appeal 


358 

therefrom  by  the  Commonwealth  or  the  company  or  corporation  shall 
lie  to  the  court  of  common  pleas  of  said  county,  within  thirty  days 
after  continuation  absolute;  and  upon  issue  framed  b}'  the  court 
of  common  pleas,  the  damages  sliall  then  be  ascertained  as  in  similar 
cases,  subject  to  an  appeal  to  the  Superior  or  Supreme  courts,  as 
the  case  may  be.  The  said  court  of  quarter  sessions  may,  in  its  dis- 
cretion, appoint  a  competent  stenographer  to  keep  a  faithful  record 
of  all  proceedings  before  the  viewers,  and  to  furnish  a  full  copy  of 
his  notes  to  be  attached  to  and  form  a  part  of  the  record.  And  the 
said  stenographer  shall  be  allowed  the  same  compensation  as  that 
paid  in  their  respective  county  to  court  stenographers;  and  each 
viewer  shall  be  allowed  the  sum  of  two  dollars  and  fifty  cents  for  each 
day  necessarily  employed  which  together  with  the  compensation  al- 
lowed the  said  stenographer,  shall  be  taxed  as  pari  of  the  costs  of  the 
proceeding  and  be  paid  as  hereinafter  provided.  Immediately  upon 
agreement  reached,  or  upon  completion  of  any  court  proceedings 
and  acceptance  of  the  appraisement  or  verdict  by  the  Commissioner, 
the  damages  so  determined  or  awarded  shall  be  paid  by  the  Common- 
wealth, together  with  the  costs  and  expense  of  proceedings  in  con- 
demnation, and  the  said  turnpike,  toll-road  or  part  thereof,  or  toll- 
bridge,  shall  become  a  State  highway,  or  part  thereof,  free  from  tolls: 
Provided,  That  if  the  amount  of  damages  as  finally  awarded  shall 
be  deemed  excessive  by  the  State  Highway  Commissioner,  he  may 
refuse  to  accept  the  appraisement  or  verdict,  and  may  then  omit  said 
Turnpike  or  toll-road,  or  part  thereof,  or  toll-bridge,  from  the  afore- 
said route  of  State  highway,  and  all  court  costs,  and  costs  of  jury 
proceedings,  shall  thereupon  be  paid  by  the  State  Highwa}'  Depart- 
ment; and,  by  necessary  divergence  therefrom,  he  may  select  and 
adopt  the  next  best  and  most  suitable  and  convenient  route  or  road, 
in  order  to  connect  up  and  complete  a  continous  State  highway ;  and 
thereafter  such  diverged  route  or  road  shall  be  taken  and  remain  and 
be  as  much  a  part  of  the  State  highways  of  the  Commonwealth  as 
though  otherwise  particularly  described  in  this  act:  Provided  fur- 
ther, That  at  any  time  during  the  proceedings  in  condemnation,  after 
the  tiling  of  the  original  petition  of  the  State  Highway  Commissioner, 
the  said  State  Highway  Commissioner,  with  the  consent  and  ap- 
proval of  the  Governor,  may,  after  ten  days'  written  notice  to  the 
owner  or  owners  of  said  turnpike,  toll-road,  highway,  or  toll-bridge, 
present  to  the  said  court  of  quarter  sessions  of  the  proper  count}' 
a  declaration  of  his  intention  to  immediately  enter  upon  and  take 
the  said  turnpike,  toll  road  or  part  thereof,  or  toll-bridge,  and  to  pay 
or  cause  to  be  paid  to  the  said  owner  or  owners  such  amount  of 
damages  as  shall  be  assessed  in  the  manner  provided  for  by  this  act, 
and  all  costs  and  expense  of  the  said  proceedings;  which  declaration 


359 

shall  contain  a  certificate  of  State  Highway  Commissioner  that 
sufficient  funds  1<>  pay  all  possible  damages,  costs,  and  expenses 
of  said  proceedings  have  been  appropriated  by  the  Legislature  and 
are  available  for  this  specific  purpose;  and,   upon   presentation  of 

said  declaration,  the  said  court  shall  mark  the  same  filed  of  record 
in  said  proceedings;  whereupon  the  funds  in  the  hands  of  the  State 
Highway  Commissioner,  or  in  the  State  Treasury  and  specifically 
appropriated  to  the  use  of  the  State  Highway  Commissioner,  shall 
be  pledged  and  deemed  as  security  for  all  damages  done  or  suffered, 
or  which  shall  accrue,  by  reason  of  the  taking  of  said  turnpike,  toll- 
road,  or  part  thereof,  or  toll  bridge;  and  the  said  turnpike,  toll-road, 
or  a  part  thereof,  or  toll-bridge,  shall  immediately  beconfe  a  State 
highway,  or  part  thereof,  free  from  tolls,  and  the  same  may  then  be 
improved  and  maintained  by  the  State  Highway  Commissioner  in 
the  manner  provided  by  this  act;  and,  upon  completion  of  the  pro- 
ceedings in  condemnation,  the  State  Highway  Commissioner  shall 
accept  the  appraisement  and  verdict,  and  the  damages  so  determined 
or  awarded  shall  be  paid  by  the  Commonwealth,  together  with  the 
costs  and  expenses;  and  in  case  the  said  damages  and  costs  and  ex- 
penses are  not  paid  within  thirty  days  from  the  final  adjudication 
and  judgment,  thereon,  the  owner  or  owners  of  said  turnpike,  toll- 
road,  highway,  or  toll-bridge,  may  enforce  the  same  by  payment  of 
the  same  by  writ  of  mandamus,  which  shall  be  issued  by  the  court  of 
common  pleas  of  the  county  in  which  the  seat  of  government  is  or 
may  be  located,  and  shall  be  proceeded  in  as  provided  by  law:  And 
provided  further.  That  where  an  existing  turnpike  or  toll-roads,  or 
parts  thereof,  or  toll-bridges,  owned  by  turnpike  or  toll-bridge  com- 
panies, or  private  corporations,  shall  be  or  form  any  part  of  any 
State  highway,  hereinbefore  designated,  described  or  defined,  the 
same  are  not  hereby  immediately  taken  over  for  improvement  or 
repair;  but  the  purchase  thereof  shall  be  deferred  by  the  State  High- 
way Commissioner,  and  the  same  shall  remain  and  be  operated  and 
controlled  by  the  owners  thereof  as  heretofore,  until  such  time  as 
the  work  of  improvement  of  all  other  State  highways  and  parts 
or  portions  thereof  shall  have  been  completed:  And  provided  fur- 
ther. If.  in  the  judgment  of  the  State  Highway  Commissioner,  local 
or  special  conditions  of  any  of  said  turnpikes  or  toll-roads  or  any 
part  or  parts  thereof,  or  toll  bridges,  are  such  as  tend  to  interfere 
with  or  inconvenience  travel  thereon,  and  shall  sooner  require  the 
purchase,  improvement,  and  control  thereof  by  the  State,  then,  upon 
the  approval  of  the  Governor,  such  turnpike  or  turnpikes,  toll-road  or 
toll-roads,  or  pari  or  parts  thereof,  or  toll-bridge  or  toll-bridges,  so 
affected  by  such  local  or  special  conditions,  shall  be  taken  over  in 
accordance  with  the  provisions  of  this  act:  Provided,  however.  That 
the  county  or  counties,   in   which  any  such  toll-bridge  or  bridges  is 


360 

located,  shall  pay  al  least  one-half  of  the  expense  of  freeing  such  toll 
bridge  or  bridges:  And  provided  further,  That,  in  taking-  over  toll- 
roads,  counties,  townships,  boroughs,  or  incorporated  towns  in  which 
toll-roads  to  be  taken  over  by  the  State  Highway  Commissioner  are 
located,  are  hereby'authorized  to  contribute  such  part  of  the  purchase 
price  of  said  road,  or  such  part  of  the  amount  to  be  paid  as  ascer- 
tained and  awarded  by  condemnation  proceedings,  as  may  be  agreed 
upon  between  said  county,  township,  borough  or  town  officials  and 
the  State  Highway  Commissioner;  And  provided  further,  That  noth- 
ing in  this  act  shall  in  any  way  prohibit  any  county  from  paying  in 
full  the  amount  determined  to  be  paid  for  any  turnpike  road,  form 
ing  a  portion  of  a  State  highway  route,  condemned  by  proceedings 
under  any  other  act  of  Assembly  now  in  force. 

S.c.  9,  Act  of  May  31,  1911,  P.  L.  468,  as  amended  by  Act  of  May  10, 
1917,  P.  L.  184. 

1818.  When  any  turnpike,  or  part  thereof,  has  been,  or  may  here- 
after be,  appropriated  or  condemned  for  public  use,  free  of!  tolls, 
under  any  existing  laws,  and  the  assessment  of  damages  therefor, 
shall  have  been  paid  by  the  proper  county;  or  when  any  turnpike 
company  or  association  has  heretofore  abandoned  or  may  hereafter 
abandon  its  turnpike,  or  any  part  thereof; 'or  when  any  turnpike 
company  or  association,  owning  any  turnpike,  has  heretofore  been 
dissolved,  or  may  hereafter  be  dissolved,  by  proceedings  under,  any 
existing  laws  of  this  Commonwealth,  such  turnpike,  or  part  thereof, 
shall  be  properly  repaired  and  maintained  at  the  expenses  of  the 
county,  city,  or  borough  in  which  the  said  turnpike,  or  part  thereof, 
lies,  or  the  same  may  be  improved,  under  any  existing  laws,  by  the 
said  county,  city,  or  borough. 

Sec.  1,  Act  of  April  20,  1905,  P.  L.  237.  as  amended  by  Sec.  1,  Act  cf 
April  25,  1907,  P.  L.  104. 

This  act  relieves  the  township  of  the  duty  to  maintain  and  repair  a  con- 
demned or  abandoned  turnpike  but  it  cannot  make  repairs  to  such  road  and 
collect  the  costs  thereof  from  the  county :  East  Whiteland  Township,  v. 
Chester  County,  235  Pa.  579. 

Declared  constitutional :  Somerset  Township  Supervisors,  v.  County  Com- 
missioners, 251  Pa.  101 ;  Manchester  Township  Supervisors  v.  Wayne  County, 
Commissioners,  251  Pa.  J/Jf2:  Clarum  County  r.  Clarion  Township,  222  Pa. 
350. 

1819.  From  and  after  the  passage  of  this  act,  it  shall  be  lawful 
for  twenty-five  or  more  resident  taxpayers  of  any  county  in  this  Com- 
monwealth in  which  any  turnpike,  road,  or  highway,  heretofore  or 
hereafter  constructed,  is  wholly  or  partly  located,  and  upon  which 
tolls  are  charged  the  traveling  public  under  any  general  or  special 
law,  to  present  their  petition  to  the  county  commissioners  of  their 
county,  setting  forth  that  it  would  be  for  the  best  interests  of  the 


361 

people  of  their  county  that  such  turnpike,  road,  or  highway,  or  part 
thereof,  should  be  purchased  by  their  county,  and  become  a  public 
road,  free  from  toll  and  toll-gates;  whereupon  ii  shall  be  lawful  for 
Ihe  county  congnissioners  of  the  petitioners'   county,   upon  behalf 
thereof,  to  outer  into  negotiations  with  the  owners  of  said  turnpike, 
road,  or  highway,  or  part  thereof,  for  the  purchase  of  the  same,  and. 
if  the  price  therefor  can  be  mutually  agreed  upon,  ii  shall  be  paid  by 
the  s;iid  county  commissioners  out  of  any  funds  of  their  county  nol 
otherwise  appropriated;  and  upon  payment  thereof,  the  said  turn 
pike,  road,  or  highway,  or  part  thereof,  shall  become  a  public  road, 
free  from  tolls  and  toll-gates:     Provided,  That    if  said  county  com 
missioners  and  the  owners  of  said  turnpike,  road,  or  highway,  or 
part  thereof,  can  not  agree  upon  the  price  to  be  paid  for  the  same, 
nothing  in  this  act  contained  sluill  prevent  the  petitioners  or  any 
other  resident  taxpayers  of  the  county  from  proceeding  to  have  such 
turnpike,  road,  or  highway,  or  part  thereof,  condemned  under  exist- 
ing laws,  and  made  a  public  road,  free  from  tolls  and    toll-gates, 
and  the  said  road,  as  made  or  heretofore  made  free  of  tolls,  either 
by  negotation  or  condemnation  proceedings  as  aforesaid,  shall  be 
properly  repaired  and  maintained  at  the  expense  of  the  county,  city, 
or  borough,  in  which  the  said  turnpike,  or  part  thereof,  lies:     Pro- 
vided, That  the  portion  of  any  turnpike  or  toll-road,  which  lies  within 
a  township,  shall,  if  accepted  by  the  board  of  supervisors  or  com- 
missioners of  the  township  in  which  the  same  or  any  part  of  the 
same  is  located,  when  signified  in  writing  and  filed  in  the  office  of 
the  court  of  quarter  sessions  of  the  county  in  which  said   road  is 
located,  become  a  part  of  the  road  system  of  said  township,  and  shall 
thereafter  be  maintained  in  the  same  manner  as  other  roads  legally 
laid  out  in  said  township:     Provided  further,  That  the  provisions 
of  this  act  shall   not  apply  to  any  turnpike,  road,  or  highway,  or 
part  thereof,  which  now  forms  or  may  hereafter  form  ;i  pari  of  the 
State  highway  system  of  this  Commonwealth. 

Sec.  1.  Act  of  May  16,  1910,  P.  L.  199. 


(m)     State  Highways. 

1S20.  The  highways  designated  in  this  act  as  State  Highways 
shall  be  taken  over  by  the  State  Highway  Department  from  the  sev- 
eral counties  or  townships  of  the  State,  and  when  so  taken  over  shall 
thereafter  be  constructed,  improved,  and  maintained  by  the  State 
Highway  Department,  at  the  expense  of  the  Commonwealth.     Said 


362 

highways  shall  be  taken  over  in  whole  or  in  part,  from  time  to  time, 
as  circumstances  and  conditions  will  permit:  Provided,  That,  all 
township  roads,  abandoned  and  condemned  turnpikes,  or  turnpikes 
that  may  hereafter  be  abandoned  or  which  may  hereafter  be  con- 
demned and  paid  for  by  the  county  in  which  the  same  may  be  lo- 
cated, and  which  form  a  part  of  any  such  highway,  shall  be  taken 
over  by  the  State  Highway  Department  before  the  first  day  of  June, 
one  thousand  nine  hundred  and  twelve.  The  State  Highway  Com- 
missioner shall,  before  taking  over  any  highway  under  the  provisions 
of  this  act,  give  notice  in  writing  to  the  proper  officers  of  the  county 
or  township  in  which  said  highway  shall  lie  of  his  intention  so  to  do, 
and  of  the  date  when  the  State  Highway  Department  will  assume 
the  maintenance  and  care  thereof.  The  work  of  maintenance,  repair, 
and  construction  of  said  State  Highways  shall  be  commenced  and 
carried  on  as  equally  and  uniformly  in  the  several  counties  as  con- 
ditions will  allow:  Provided,  That  any  county,  township,  or  borough, 
or  incorporated  town  which  may  have  in  contemplation,  or  under 
contract  or  construction,  the  improvement  of  any  portion  of  any 
highway  designated  herein  as  a  State  Highway,  shall,  upon  notice 
from  the  State  Highway  Commissioner  of  his  intention  to  take  over 
such  highways  as  herein  provided,  immediately  notify  the  State  High- 
way Commissioner  of  their  intention  to  make  said  improvements ; 
and  thereupon  the  status  of  such  highway  shall  remain  the  same  as 
it  was  previous  to  the  passage  of  this  act;  and  the  county  commis- 
sioners, or  the  commissioners  or  supervisors  of  the  township,  or  coun- 
cils of  the  borough  or  incorporated  town,  as  the  case  may  be,  are 
authorized  to  complete  the  improvements  of  said  highway  at  the  ex- 
pense of  the  county  or  township,  or  borough  or  town,  as  the  case 
may  be;  or  the  same  may  be  reconstructed  as  a  State-aid  highway 
as  is  hereinafter  provided  for:  Provided,  That  upon  the  completion 
of  any  improvement  aforesaid,  or  at  the  expiration  of  a  period  not 
exceeding  eighteen  months  after  the  passage  of  this  act,  the  said 
highway  shall  become  a  State  Highway,  as  herein  provided:  And  be 
it  further  provided.  That  where  an  agreement  or  contract  exists  be- 
tween  any  street  railway  company,  or  other  firm  or  corporation,  and 
any  county,  township  or  borough,  the  terms  of  which  require  said 
street  railway  company,  or  other  firm  or  corporation,  to  maintain  any 
highway  which  is  designated  under  this  act  as  a  State  Highway,  the 
said  agreement  shall  remain  in  force,  and  the  State  shall  su -ceed  to 
and  take  over  to  itsolf  all  the  rights  of  said  county,  township,  or 
borough  existing  under  said  agreement  or  contract.  The  said  street 
railway  company,  or  other  firm  or  corporation,  shall  be  bound  to  carry 
out  all  of  the  requirements,  and  comply  with  all  the  terms  and  condi- 
tions, of  savl  agreement  with  the  State,  the  same  as  though  the  said 


363 

contract  or  agreement  had  been  originally  made  between  the  Suite 
ami  said  street  railway  company  or  other  firm  or  corporation. 

_   Sec.  •"),  Act  of  May  31,  rail.  P.  1..  468.  m 

Where  the  State  Highway  Department  takes  over  ;i  township  roa'l  under 
this  section  and  it  becomes  a  state  highway,  the  State  is  entitled  n>  receive 
from  a  traction  company  moneys  payable  1>.\  the  traction  company  to  the 
township  for  the  repair  and  maintenance  of  tin  road,  and  can  recover  from 
the  township  witb  interest  such  payments  as  the  township  may  have  received 
since  the  State  took  over  the  road  and  its  maintenance:  Commonwealth  v. 
A  i  wton   Township  29  l>.  /.'.   1042. 

1821.  From  and  after  the  adoption  of  this  act,  all  those  certain 
existing  public  roads,  highways,  turnpikes,  and  toll-roads,  or  any 
parts  or  portions  thereof,  subject  to  the  provisions  hereinafter  made 
in  the  case  of  turnpikes  and  toll-roads,  forming  and  being  main 
traveled  roads  or  routes  between  the  county-seats  of  the  several  coun- 
ties  of  the  Commonwealth,  and  main  traveled  roads  or  routes  leading 
to  the  State  line,  and  between  principal  cities,  boroughs,  and  towns, 
shall  be  known,  marked,  built,  rebuilt,  constructed,  repaired,  and 
maintained  by  and  at  the  sole  expense  of  the  Commonwealth ;  and 
shall  be  under  the  exclusive  authority  and  jurisdiction  of  the  State 
Highway  Department,  and  shall  constitute  a  system  of  State  High- 
ways, the  same  being  more  particularly  described  and  defined  as 
follows: — (Here  follows  a  description  of  the  various  routes  making 
up  the  State  Highway  System.) 

Sec.  0.  Act  of  May  SI,  1911,  P.  L.  468. 

This  section  does  not  violate  that  part  of  the  Constitution  which  provides 
that  "the  general  assembly  shall  not  have  any  local  <>r  special  law  *  *  *  author- 
izing the  laying  out,  opening,  altering,  or  maintaining  mads,  highways,  streets 
or  alleys":  State  Highway  Commissioner  v.  Chambersburg  £  Bedford  Turn- 
pike Co.,  2 ',2  Pa.  111. 

1822.  The  State  Highway  Commissioner  may,  at  his  discretion, 
enter  into  a  contract  with  any  person,  firm  or  corporation,  or  the 
authorities  of  any  borough  or  incorporated  town,  or  the  commis- 
sioners of  any  county,  or  the  supervisors  or  commissioners  of  any 
township,  to  repair  and  maintain  any  highway  designated  in  this 
aci  as  a  State  Highway,  or  any  portion  thereof. 

See.  12,  Act  of  May  31,  tail.  P.  L.  468. 

1823.  The  State  Highway  Commissioner  is  hereby  authorized  to 
make  and  enter  into  contracts  for  the  reconstruction  or  improvement 
of  any  section  of  a  State  highway  for  which  an  application  lias  been, 
or  which  may  hereafter  he.  made  by  any  county,  township,  borough, 
or  incorporated  town,  or  by  any  county  and  township,  comity  and 
borough,  or  county  and  incorporated  town,  asking  that  such  section 
(if  State  highway  be  reconstructed  or  improved  in  the  same  manner 
as  a  State-aid  highway;  and  agreeing  to  pay  its  or  their  respective 


364 

■hare  of  the  total  cost  of  said  reconstruction  or  improvement  as 
provided  for  in  section  twenty-two  of  the  act  to  which  this  is  a  sup- 
plement, or  upon  such  other  terms  and  conditions  as  to  the  sharing 
of  the  total  cost  of  said  reconstruction  or  improvement  as  may  be 
agreed  upon  between  the  State  Highway  Commissioner  and  any  such 
county,  township,   borough,   or  incorporated   town  or   between  the 
State  Highway  Commissioner  and  any  such  county  and  township, 
county  and  borough,  or  county  and  incorporated  town ;  but,  other- 
wise, as  provided  in  section  twenty-two  of  the  act  to  which  this  is 
a   supplement:    Provided,   That  the   State   Highway   Commissioner 
shall  not  enter  into  any  agreement  with  any  borough  of  this  Com- 
monwealth for  the  building  or  as  to  the  sharing  of  the  total  cost  of 
the  reconstruction  or  improvement  of  any  section  of  State  Highway 
within  said  borough  until  such  borough  shall  lay  all  necessary  pipes 
and  make  all  necessary  connections  for  sewerage,  water,  gas,  heating, 
lighting,  and  any  other  purpose  whatsoever,  where  the  duty  to  lay 
such  pipes  and  make  such  connections  is  imposed  upon  the  borough 
by  law,  and  shall,  by  ordinance  duly  passed  by  the  borough  council 
and  approved  by  the  burgess,  compel  all  public  service  companies 
and  abutting  property  owners  to  lay  all  necessary  pipes  and  make 
all  necessary  connections  for  sewerage,  water,  gas,  heating,  lighting, 
or  any  other  purposes  whatsoever,  along  and  in  the  line  of  said  section 
of  State  highway,  before  the  work  of  reconstruction  or  improving 
same  is  started:     And  provided  further.  That  said  section  of  State 
highway  shall  not  be  torn  up  or  opened  for  any  purpose  whatsoever 
by  the  borough   or  any   public   service  company  or   companies   or 
abutting  property  owners  or  any  other  person  or  persons,  within 
a  period  of  five  years  from  the  time  the  reconstruction  or  improve- 
ment of  said  section  of  State  highway  is  completed,  except  in  case 
of  unavoidable  accident,  and,  in  the  event  that  said  section  of  State 
highway  shall  be  torn  up  or  opened  on  account  of  an  unavoidable 
accident,  the  borough  shall  notify  the  State  Highway  Commissioner 
ot  such  opening,  and  the  same  shall  immediately  be  reconstructed  and 
repaired  at  the  expense  of  the  said  borough  under  the  supervision  of 
the  State  Highwav  Commissioner  or  his  duly  authorized  agent  or 
representative  and  according  to  the  standards  of  the  State  Highway 
Department.     Tn  the  event  that  the  said'  borough  fails  or  refuses 
io  reconstruct  or  repair  said  section  of  State  highway,  the  same  shall 
he  reconstructed  or  repaired   by  the  State  Highway  Commissioner, 
and  the  cost  thereof  collected  from  said  borough. 

Sec.  1.  Act  of  May  17.   1017.   P.   L.  235,   ns   amended  by  Act  of  June  5, 
1919.  P.  L.  395. 

1824.     The  several  counties,  townships,  boroughs,  or  incorporated 
towns  in  the  Commonwealth  that  have  made,  or  which  may  hereafter 


365 

make,  several  or  joint  applications  for  the  reconstruction  of  a  State 
highway  or  any  portion  thereof  as  ;i  state  aid  highway,  are  hereby 
authorized  to  incur  such  indebtedness  in  the  proportions  agreed  upon, 
as  aforesaid,  and  to  pay  their  respective  shares  of  the  cost  thereof, 
as  provided  for  in  the  act  to  which  this  is  a  supplement  ;  and  all 
such  contracts  heretofore  entered  into  are  hereby  made  valid. 

Sec.  1'.  An  qf  May  17.  li)17.  J'.  I>.  235. 

L825.  All  work  authorized  under  this  supplement  shall  be  done 
under  contract,  as  provided  for  and  set  forth  in  the  act  to  which 
this  is  a  supplement,  and  the  section  or  sections  of  State  highway 
s<>  reconstructed  or  improved  shall  be  and  remain  a  State  highway. 

Sec.  3,  Act  of  May  17.  1917,   P.  L.  235. 

1826.  The  State  Highway  Commissioner  is  hereby  authorized  to 
make  and  enter  into  contracts  for  the  reconstruction  or  improvement 
of  any  section  of  a  State  highway  for  which  an  application  has  been, 
or  which  may  hereafter  be,  made,  by  any  county,  township,  borough, 
or  incorporated  town,  or  by  any  county  and  township,  county  and 
borough,  or  county  and  incorporated  town,  asking  that  such  section 
of  State  Highway  be  reconstructed  or  improved  in  the  same  manner 
as  a  State  aid  highway;  and  agreeing  to  pay  its  or  their  respective 
share  of  the  total  cost  of  said  reconstruction  or  improvement,  as 
provided  for  in  section  twenty-two  of  the  act  to  which  this  is  a 
supplement,  or  upon  such  other  terms  and  conditions  as  to  the 
sharing  of  the  total  cost  of  said  reconstruction  or  improvement  as 
may  be  agreed  upon  between  the  State  Highway  Commissioner  and 
any  such  county,  township,  borough,  or  incorporated  town,  or  between 
the  State  Highway  Commissioner  and  any  such  county  and  township, 
county  and  borough,  or  county  and  incorporated  town,  but  otherwise, 
as  provided  in  section  twenty-two  of  the  act  to  which  this  is  a 
supplement. 

In  the  construction  or  improvement  of  any  such  State  highway 
in  any  borough,  town  or  township,  in  the  same  manner  as  a  State-aid 
highway,  the  State  Highway  Department  may  use  funds  now  ap- 
i Herniated,  or  that  may  hereafter  be  appropriated,  either  for  State 
highwav  or  State-aid  highway  purposes. 

Sec.  1,  Act  of  June  5,  1913,  I*.  L.  417.  as  amended  by  See.  1,  Act  of  March 
20,  1017,  P.  L.  6. 

The  State  Highway  Department  is  not  permitted  to  reconstruct  or  improve 
as  a  Stan-aid  highway  any  section  of  a  State  highway  route  lying  within  the 
limits  of  a  borough.  If  a  section  of  a  State  highway  within  a  borough  has 
been  reconstructed  in  the  same  manner  as  a  State-aid  highway  under  this 
sect  ion.  the  State  Highway  Department  and  the  borough  are  jointly  re- 
sponsible for  its  maintenance  as  for  a  State  highway,  unless  constructed  «f 


366 

"permanent  paving  material,"  when  the  bcrough  alone  is  responsible,  as 
provided  in  Sec.  10  of  the  Act  of  May  31,  1911,  P.  L.  468. 

The  State  Highway  Department  is  wholly  liable  for  the  subsequent  mainte- 
nance of  a  section-  of  a  State  highway  route  reconstructed  or  improved  in 
the  same  manner  as  a  State-aid  highway,  that  is  to  say  reconstructed  or 
improved,  by  the  aid  or  assistance  of  a  ccunty  or  township  or  county  and 
township.  (Note:  In  other  words  a  State  highway  reconstructed  under 
this  act  in  the  same  manner  as  a  State-aid  highway  remains  a  State  high- 
way. The  act  does  not  change  the  character  of  the  highway,  but  provides 
a  method  of  construetu  n  only,  and  the  question  of  how  such  a  State  high- 
way is  to  be  maintained  must  be  settled  by  the  Act  of  May  31,  1911,  P.  L. 
468,  which  provides  for  the  maintenance  of  State  highways  whether  located 
in  townships  or  in  boroughs.)  "In  re  State  Highways"  and  "State  Highway 
Department."  Opinion  by  Win.  II.  Keller,  first  Deputy  Atty.  Gen.,  1915-16. 
Report  and  official  opinions  of  the,  Attorney  General,  Pages  261  and  26!\. 

This    section    authorizes    county    commissioners    and    township    supervisors 

to  expend  money  in  the  joint  improvement  of  State  highway  roads  in  the  same 

.manner  as  provided  by  the  Act  of  May  31,  1911,  P.  L.  468.  State  Highways. 

Opinio)!    by   Win.   II.   Keller,  Firat  Deputy  Atty.   Gem,    1915-16,  Report  and 

Official  Opinions  of  the  Attorney  General,  Page  267. 

A  county  has  the  right  to  become  a  bidder  for  tin-  reconstruction  and 
improvement  of  a  State  highway  when  it  is  to  be  improved  "in  the  same 
manner  as  a  State-aid  highway,  "  under  this  section.  "'In  the  same  manner 
as  a  State-aid  highway,"  defined.  In  re  Reconstruction  of  State  Highway 
by  County.  Opinion  by  Win.  IT.  Keller,  First  Deputy  Atty.  Gen.,  S  Dep. 
Rep.  2666. 

Unless  the  work  of  reconstructing  a  State  highway  is  done  under  the 
provisions  of  this  act,  the  State  must  pay  for  the  entire  cost  and  not 
merely  a  part  thereof.  there  is  no  provision  in  the  Sproul  Road  Law 
which  permits  the  State  to  contribute  to  a  borough  part  of  the  cost  of 
reconstructing  or  improving  a  highway.  The  work  of  reconstructing  State 
highways  must  be  done  by  contract,  and  the  borough  may  be  a  bidder  for 
such  contracts  whether  for  Stale-aid  road  or  State  highways  improved 
in  the  same  manner  as  State-aid  highways :  /a  re  Repair  of  Roads  Lying 
within  the  Limits  of  a  Borough  and  Forming  part  of  a  State  Highway  Route. 
Opinion    of     Win.     II      Keller,    First    Deputy    Atty.    Gen.,    .1    Dep.    Rep.    .105.1. 

1827.  The  several  counties,  townships,  boroughs,  or  incorporated 
towns  in  the  Commonwealth  that  have  made,  or  which  may  hereafter 
make,  several  or  joint  applications  for  the  reconstruction  of  a 
State  Highway,  or  any  portion  thereof,  as  a  State-aid  Highway, 
are  hereby  authorized  to  incur  snch  indebtedness  in  the  proportions- 
agreed  upon,  as  aforesaid,  and  to  pay  their  respective  shares  of  the 
cost  thereof  as  provided  for  in  the  act  to  which  this  is  a  supplement. 

Sec.    2,    Act     of    June    5,    1913.    P.    L.    417. 

1828.  All  work  authorized  under  this  supplement  shall  be  done 
under  contract,  as  provided  for  and  set  forth  in  the  act  to  which 
this;  is  a  supplement,  and  the  section  or  sections  of  State  highway 
so  reconstructed  or  improved  shall  be  and  remain  a  State  Highway. 

Sec.  3,  Act  of  June  5,  1913,  P.  L.  417. 


367 

1829  Whenever  in  1 1  ■  *  -  construction  of  a  State  highway  with- 
in the  Commonwealth  of  Pennsylvania,  wherein  the  State  pays  a 
portion  of  the  cost,  and  the  county,  or  township,  or  borough,  pays 

a  portion  of  the  cost,  and  it  is  deemed  adyisable  to  widen. the  State 
highway  beyond  the  width  as  laid  out  and  ordered  by  the  state 
Highway  Commissioner,  or  other   body   having  authority  over  the 

s;inie,  the  county  and  township,  or  borough,  jointly  or  the  township 
or  borough,  may  increase  the  width  of  the  State  highway,  by  and  with 
consent  of  the  State  Highway  Commissioner,  or  other  body  having 

charge  of  the  construction  of  said  State  highway,  and  the  cost 
of  the  additional  width  shall  be  borne  jointly  by  the  county  and  town- 
ship, or  borough,  or  by  the  said  township  or  borough  wholly,  as  the 
case  may  be;  and  authority  is  hereby  given  the  several  counties 
within  this  Commonwealth,  through!  their  commissioners,  and  the 
said  township  or  borough  through  their  proper  officers,  to  enter 
into  agreement  providing  for  the  additional  width  of  the  said  State 
highway,  in  accordance  herewith:  Provided,  Such  additional  width 
shall  be  constructed  under  the  supervision  of  the' State  Highway 
Department,  and  according  to  their  plans  and  specifications. 

Sec.  1,  Act  of  April  27.  1900.  P.  L.  201. 

1830.  All  agreements  heretofore  made  providing  for  the  increase 
in  width  of  State  highways,  in  accordance  with  the  foregoing  sections, 
wherein  the  cost  has  been  apportioned  between  the  county  and  town- 
ship, or  borough,  are  hereby  adjudged  to  be  valid  and  sufficient  in 
law;  and  the  counties,  through  their  commissioners,  and  the  town 
ship  or  borough,  are  hereby  authorized  to  pay  the  additional  cost 
provided  in  said  agreement. 

Sec.  2.  Act  of  April  27.  1909,  P.  L.  201. 

(n)     State-Aid  Highways. 

1831.  The  several  counties  and  townships  of  the  Commonwealth, 

or  any  of  them,  either  jointly  as  county  and  township,  or  severally, 
expressing  a  desire  to  the  State  Highway  Department,  in  manner 
hereinafter  required,  for  State-aid,  shall,  from  and  after  the  passage 
of  this  act,  be  entitled  to  receive  the  aid  and  cooperation  of  the 
State  in  the  improvement  and  subsequent  maintenance  of  any  road 
or  highway,  in  any  comity  or  township  of  the  Commonwealth,  not 
herein  defined  as  a  State  Highway,  when  complying  with  the  pro- 
visions of  this  act  governing  same.  The  State,  when  granting  the 
aid  and  co-operation  desired,  shall  not  in  any  case  pay  more  than 
fifty  (50)  per  centum  of  the  cost  of  any  road  improvement,  nor  more 
than  fifty  (50)  per  centum  of  the  maintenance  thereafter:  and  the 


368 

remaning  fifty  (50)  per  centum  of  the  cost  and  expense  of  improve- 
ment sIkiII  be  paid,  to  wit:  Twenty-five  (25)  per  cent  am  by  the 
county,  and  twenty-five  (25)  per  centum  by  the  township,  when  the 
application  for  said  aid  is  joint  by  county  and  township;  and  there- 
after the  township  shall  pay  fifty (50)  per  centum  of  the  entire  cost 
of  maintenance:  Provided,  That  counties  or  townships  may  agree 
between  themselves  to  contribute  their  joint  proportion  of  the  fifty 
(50)  per  centum  of  the  total  expense  of  any  improvement,  herein 
required  to  be  borne  by  them,  in  different  proportions  from  that  here- 
in specified.  Where  any  township  or  county  road  or  highway  is 
desired  to  be  improved  by  a  county  or  township,  without  the  joint 
action  or  co-opertition  of  the  other,  then  said  county  or  township, 
as  the  case  may  be,  shall  pay  the  entire  fifty  (50)  per  centum  of  the 
cost  of  the  road  improvement,  and  fifty  (50)  per  centum  of  the  cost 
of  maintenance  thereafter:  Provided,  That  any  township  desiring 
the  aid  and  co-operation  of  the  State  in  the  permanent  improvement 
of  any  of  its  roads  shall  levy  a  cash  road-tax  to  meet  the  cost  of 
such  permanent  improvement,  and  shall  levy  annually  thereafter 
such  further  road-taxes  in  cash  as  are  sufficient  to  pay  the  township's 
share  of  the  annual  maintenance  of  such  highways:  And  provided 
further,  Tt  shall  be  lawful  for  any  township  or  county  of  the  Com 
monwealth  to  incur  indebtedness  or  to  issue  bonds,  in  the  manner 
authorized  by  law,  for  the  payment  of  said  township's  or  county's 
share  of  the  cost  of  any  permanent  road  improvement  or  maintenance 
undertaken  under  the  provisions  of  this  act. 

Sec.  21,  Act  of  May  31,  191.1,  P.  L.  468. 

1832.  The  State  shall  not  furnish  any  aid  or  co-operation  in  the 
permanent  improvement  or  maintenance  of  any  county  or  township 
road  or  highway,  to  be  improved  as  a  State-aid  highway,  until  and 
unless  the  supervisors  or  commissioners  of  the  township  in  which 
the  road  desired  to  be  improved  lies,  where  the  improvement  is 
intended  to  be  made  jointly  by  township  and  county,  shall  first 
petition  the  county  commissioners  of  the  county,  representing  that 
any  principal  highway,  or  section  thereof,  lying  within  said  town- 
ship, is  in  need  of  reconstruction,  and  setting  forth  that  the  said 
township  desires  to  take  advantage  of  the  provisions  of  this  act 
to  improve  said  highway.  It  shall  then  be  the  duty  of  said  county 
commissioners  to  adopt  a  resolution  authorizing  the  assumption 
by  the  county  of  its  share  of  said  improvement:  and  the  said  county 
commissioners  shall  then  promptly  petition  the  State  Highway 
Department  for  the  aid  and  co-operation  of  the  State  as  desired 
for  the  particular  road  to  be  improved.  Said  petition  of  the  county 
commissioners  shall  be  accompanied  by  the  said  township  petition, 
and  it  shall  state  the  desire  of  both  the  township  and  county  that 


369 

said  road  or  highway  shall  be  improved  and  maintained  as  a  State  aid 
highway,  according  to  such  plans  and  specifications  as  shall  be 
prepared  by  the  State  Highway  Department;  thai  the  county  and 
township,  or  townships,  agree  to  pay  fifty  (50)  per  centum  of  the 
cost  and  expense  of  such  improvement,  and  the  township  or  town- 
ships will  thereafter,  in  consideration  of  the  aid  and  co-operation  of 
the  State  so  granted,  pay  fifty  (50)  per  centum  of  the  cost  of  repair 
and  maintenance  thereof.  Such  roads  to  be  at  all  times  under  the 
authority  ami  supervision  of  the  State  Highway  Department.  Said 
petition  shall  further  stale  thai  the  petitioners,  upon  approval  thereof 
by  tin'  State  Highway  Department,  will  enter  into  an  agreement 
with  the  Commonwealth,  to  he  approved  by  the  Attorney  General  or 
Deputy  as  to  form,  which  shall  embody  and  contain  all  matters 
of  detail  concerning  the  improvement,  maintenance,  and  repair  of 
the  highway  to  he  improved:  Provided,  When  the  aid  and  co-oper- 
ation of  the  Slate  in  the  improvement  of  any  highway  is  desired 
by  any  county  or  township,  without  the  intervention  of  the  other, 
said  county  or  township,  if  it  shall  agree  to  pay  one-half  of  the 
cost  of  the  improvement  and  maintenance  thereof,  shall  be  entitled 
to  receive  the  aid  and  co-operation  of  the  State,  in  like  manner 
as  in  cases  of  joint  applications  by  county  and  township:  And 
provided  further.  That  no  State  aid  shall  be  paid  or  given,  nor 
shall  any  work  he  commenced  in  the  improvement  of  any  road  or  high- 
way in  any  township  or  county  of  this  Commonwealth,  until  said 
agreement  shall  have  heen  duly  executed  by  the  respective  parties. 
pursuant  to  due  and  legal  municipal  and  corporate  action  of  both 
township  and  county;  and  the  State  Highway  Commissioner  shall 
then  advertise  for  bids,  and  let  contract  or  contracts  for  the  improve 
inent  of  the  road  desired  to  be  improved,  in  the  manner  herein 
provided  in  the  case  of  improvement  of  State  Highways:  And  pro- 
vided further,  That  the  State  Highway  Commissioner  may  enter  into 
contracts  at  any  time,  in  amounts  equal  to  the  State  appropriation 
then  available,  plus  the  respective  shares  of  the  counties  or  boroughs. 

Sec.  '-'L'.  A.i  of  May  31,  1911,  P.  L.  468. 

1833.  In  any  township  of  the  Commonwealth,  wherein  the  owners 
of  the  majority  of  the  assessed  valuation  of  real  estate  therein  shall 
desire  any  principal  road  or  highway,  being  and  lying  in  their 
said  township,  to  he  improved  and  maintained  as  a  State-aid  highway, 
they  may  petition  the  supervisors  or  commissioners  of  their  said 
township  for  said  improvement  to  be  made,  and  require  them  to 
petition  the  county  commissioners  of  the  county  to  make  application 
to  the  Slate  Highway  Department  for  the  aid  and  co-operation  of 
the  State   in    the  improvement    and    maintenance  of  said  highway: 

24 


370 

whereupon  the  duty  of  the  county  commissioners   in    the  premises 

shall  be  the  same  in  form  and  procedure  as  in  other  cases  herein- 
before provided. 

Sec.  23,  Art   of  May  31,  1911,  P.  L.  468. 

1834.  In  all  cases  where  the  township  supervisors  or  commis- 
sioners or  county  commissioners  refuse  to  act  upon,  or  unduly 
delay  action  on,  any  petition  for  the  improvement  and  maintenance 
of  any  road  or  highway  as  a  State-aid  highway,  any  citizen,  tax- 
payer of  the  township  or  county,  may,  by  petition,  present  the  facts 
of  the  matter  to  the  court  of  quarter  sessions,  requesting  the  court 
to  order  such  action  thereon  as  the  case  may  require;  and  if,  after 
due  hearing  had  before  said  court,  it  shall  appear  that  the  truth 
of  the  matters  alleged  in  the  petition  are  sustained,  the  court,  shall 
make  an  order  directing  the  township  supervisors  or  commissioners, 
or  county  commissioners,  as  the  case  may  be,  to  forthwith  act  upon 
said  application  or  applications  for  State-aid,  and  that  the  said 
application  or  petition  for  the  improvement  be  forthwith  forwarded 
to   the  State  Highway  Department. 

Sec   24,   Act  of  May  31.   1911,   P.   L.   468. 

1835.  If  within  thirty  days  after  the  receipt  of  any  petition  for 
highway  improvement  in  any  township,  under  the  provisions  of 
this  act,  a  petition  signed  by  the  owners  of  a  majority  of  the  assessed 
valuation  of  real  estate  in  said  township  is  received  by  the  county 
commissioners  of  the  county  in  which  said  township  is  located,  pro- 
testing against  said  proposed  expenditure  upon  the  part  of  the  town- 
ship, then  the  county  commissioners  shall  take  no  action  on  said 
petition  for  improvement,  but  shall  return  the  same  to  the  township 
supervisors  or  commissioners  from  whom  it  was  received. 

Sec.  25.  Act   of   May  31,   1911,   P.   L.   468. 

1S36.  Whenever  the  county  commissioners  of  any  county  shall 
represent  by  petition  to  the  State  Highway  Commissioner  that  any 
principal  highway  in  said  county,  outside  the  corporate  limits  of 
any  city,  is  not  in  a  satisfactory  condition  for  comfortable  and  easy 
travel  at  all  seasons  of  the  year,  and  ought  to  be  re-constructed  as 
a  State  aid  highway,  it  shall  be  the  duty  of  the  State  Highway  Com- 
missioner, or  any  assistant  directed  so  to  do,  to  examine  such  high- 
way ;  and  if,  in  the  judgment  of  the  State  Highway  Commissioner, 
said  representation  is  well-founded,  he  shall  determine  what  changes 
should  be  made  in  said  existing  highway,  what  portion  of  it  shall 
be  improved  and  in  what  manner,  and  shall  make  the  necessary  sur- 
vey, prepare  accurate  plans,  and  make  detailed  estimate  of  the  ex- 
pense of  the  work  which  in  his  opinion  should  be  done,  and  report 


•  371 

the  same  to  the  county  commissioners  of  the  county  and  the  super 
visors  or  commissioners  of  the  township  or  townships  in  which  s:ii<l 
highway  may  lie.  II"  the  said  county  commissioners  and  township 
supervisors,  or  commissioners,  then  decide  thai  it  is  advisable  to  go  on 
with  the  work,  they,  the  said  county  commissioners  and  township 
supervisors,  or  commissioners,  shall  cuter  into  the  agreement  with 
the  State  Highway  Department  hereinbefore  specified:  Provided, 
however,  Said  improvement  shall  not  be  commenced  until  the  funds 
at  the  disposal  of  the  State  Highway  Department  for  such  purpose 
shall  be  sufficient  to  meet  the  cost  and  expense  of  the  improvement 
desired. 

Sec.  26,  Ad  of  May  31,   1911,  I'.   I-    168. 

L837.  The  State  aid  authorized  by  the  provisions  of  this  act  in 
the  construction  of  State-aid  highways  shall  be  ratably  apportioned 
among  the  several  counties  of  the  Commonwealth  by  the  State  nigh- 
way  Commissioner,  according  to  the  mileage  of  township  and  county 
roads  in  the  respective  counties:  Provided,  That  if  the  county 
commissioneres  of  any  county  shall  fail,  by  formal  action,  to  take 
up  State-aid  applications  on  file  with  the  State  Highway  Depart 
nient  to  exhaust  the  State-aid  apportionment  to  the  credit  of  such 
county,  prior  to  June  first  of  the  year  next  succeeding  the  appro- 
priation, the  unused  balances  of  such  appropriations,  and  any  here 
tofore  made  for  the  same  purpose,  shall  revert  to  the  State-aid 
fund,  to  be  redistributed,  on  the  same  basis  as  the  original  appor- 
tionment, among  the  several  counties  of  the  Commonwealth  that  have 
filed  with  the  State  Highway  Department  formal  indication  of 
preference  for  taking  up  applications  requiring  the  expenditure  of 
such  sums  greater  than  the  amount  of  their  apportionment;  Provided 
further.  That  if  for  any  reason  the  county,  township,  or  borough, 
either  singly  or  jointly,  refuses  to  execute  agreements,  submitted 
by  the  State  Highway  Department,  authorizing  the  execution  of 
contract  or  contracts,  the  amount  of  State-aid  funds  represented 
by  said  agreements  shall  be  forfeited  by  the  county,  and  thereafter 
such  sum  may  he  used  by  the  State  Highway  Department  for  State 
Highway  construction. 

Sec  27.  Act  of  May  31,  mil.  P.  L.  468,  as  amepded  by  Act  of  March  10. 
1921,    I'.    L.    23. 

1838.  All  highways  improved  as  State-aid  highways  shall  con- 
form to  the  provisions  of  this  act  and  the  rules  and  regulations  of 
the  State  Highway  Department  as  provided  in  case  of  State  High- 
ways: Provided,  That  no  section  of  State-aid  highways  improved 
under  this  act  shall  be  less  than  one-half  mile  in  length,  nor  shall 
the  improved  portion  thereof  be  less  than  twelve  feet  in  width. 
Sec.  28.  Act  of  May  31.  1011.  P.  L.  468. 


372 


1839.  The -work  of  maintaining  and  repairing  all  State-aid  high- 
ways, improved  under  the  provisions  of  this  act,  or  which  shall  have 
been  previously  reconstructed  by  State  aid,  shall  be  done  by  the 
State  Highway  Department;  and  fifty  (50)  per  centum  of  the  cost 
thereof  shall  be  paid  by  the  several  towships  wherein  such  roads 
may  lie ;  or  by  the  county,  when  such  roads  have  been  improved  upon 
the  petition  of  such  county  without  the  co-operation  of  the  township. 

Sec.  29,  Act  of  May  31.  1911,  P.   L.  468. 

1840.  Where  a  portion  of  a  highway  traversing  one  or  more 
townships,  and  for  the  improvement  and  maintenance  of  which  as  a 
State-aid  highway,  according  to  the  provisions  of*  this  act,  application 
has  been  made  by  said  township  or  townships,  shall  lie  within  the 
limits  of  or  traverse  any  borough  or  boroughs,  or  any  incorporated 
town  or  towns,  and  where  the  failure  of  said  borough  or  boroughs, 
or  incorporated  town  or  towns,  to  improve  the  said  highway  would 
leave  a  break  or  unimproved  section  in  a  continuous  improved  high- 
way, it  shall  be  lawful  for  the  county  commissioners  of  the  county 
in  which  said  highway  is  located  to  enter  into  an  agreement  with 
said  borough  or  boroughs,  or  incorporated  town  or  towns,  to  bear  a 
portion  of  the  expenses  of  said  improvement  of  the  highway  within 
the  limits  of  the  said  borough  or  town,  in  the  same  manner  as  herein 
provided  for  the  co-operation  between  the  counties  and  townships: 
Provided.  That  an  improved  road  shall  have  been  previously  con- 
structed in  an  adjoining  township,  borough,  or  town  to  the  lines  of 
the  borough  or  town  making  application  or  petition  for  such  improve- 
ment, the  State  Highway  Commissioner  is  authorized  to  bear  a 
portion  of  the  expense  of  said  improvement  of  said  highway  within 
said  borough  or  town  limits;  but  in  no  case  shall  the  portion  of  said 
expense  to  be  borne  by  the  State  exceed  fifty  (50)  per-centum  of  the 
total  expense  of  said  improvement.  Boroughs  or  incorporated  towns 
shall  only  receive  aid  from  the  State,  as  aforesaid,  in  cases  where 
failure  to  receive  such  aid  would  prevent  a  continuous  improvement 
of  an  important  State-aid  highway:  Provided,  That  any  borough 
or  incorporated  town  which  is  willing  to  pay  one-half  the  cost  of 
constructing  any  such  road  hereinbefore  mentioned,  may  make  ap- 
plication direct  to  the  State  Highway  Department.  All  improve- 
ments made  in  borough  or  town  highways,  as  herein  provided,  shall 
be  of  a  character  similar  to  that  specified  for  the  township  or  town- 
ships through  which  the  highway  to  be  improved  passes  in  reaching 
said  borough  or  town :  Provided,  however.  That  the  council  of  any 
borough  or  boroughs,  or  incorporated  town  or  towns,  through  which 
such  highway  passes,v  shall,  before  its  construction,  by  proper  ordi- 
nance, enter  into  an  agreement  with  the  State  Highway  Commission- 


373 

er  for  the  payment  of  s;ii<l  borough's  or  town's  share  of  the  cos!  of 
construction  and  of  the  subsequent  maintenance  <>f  such  portion  of 
siiid  State-aid  highway  as  lies  within  the  limits  of  said  borough  or 
town,  similar  to  that  required  elsewhere  in  this  act  of  (he  commission- 
ers or  supervisors  of  townships. 

Sec.  ••!«>.  Act  of  May  31,   191.1,   P.   L,.    IG8. 

isii.  Any  county,  township,  borough,  or  incorporated  (own  may, 
through  Hs  commissioners  or  supervisors  or  councils,  bid  for  the 
construction  or  improvement  of  such  portion  of  any  State-aid  high- 
way, undertaken  under  the  provisions  of  this  act,  as  may  lie  within 
its  limits;  and  any  county,  township,  borough,  or  incorporated  town 
submitting  such  bid  shall  have  the  same  consideration,  and  shall  be 
governed  by  the  same  rules  and  regulations  of  the  department,  as 
in  the  case  of  other  bidders;  and,  if  awarded  the  contract,  shall 
fulfil]  the  same,  and  he  subject  to  the  same  conditions  and  regulat- 
ions as  herein  provided  for  other  contractors. 

Sec.  31.  Act  of  May  31,  1911,  P.  L.  408. 

With  reference  to  State-aid  highways  or  State  highways  improved  in 
the  same  manner  as  State-aid  highways  a  borough  may  become  a  bidder  and 
be  awarded  the  contract  if  it  submits  the  lowest  bid.  In  any  event,  however, 
there  must  be  a  contract  whether  with  the  borough  or  some  outside  contractor. 
In  re  Repair  of  roads  lying  within  the  limits  of  a  borough  and  forming  part 
of  a  State  Highway  Route.  Opinion  hy  Wm.  H.  Keller,  First  Deputy  Atty. 
Gen.,  $  Dep.  Rep.  S05S. 

1842.  Where  any  person  or  corporations  shall  sustain  damage  by 
the  taking  of  land  to  alter  the  location  of  any  State-aid  highway 
which  may  he  improved  under  this  act,  and  the  county  commission- 
ers and  township  supervisors  or  commissioners  and  parties  so  in- 
jured cannot  agree  on  the  amount  or  damages  sustained,  such  per- 
sons or  corporations  may  present  their  petition  to  the  court  of  quart- 
er sessions  for  the  appointment  of  viewers  to  ascertain  and  assess 
such  damages;  and  the  form  and  procedure  therein  shall  be  govern- 
ed by  existing  laws  relating  to  the  assessment  of  damages  in  opening 
pubile  highways;  and  such  damages,  when  ascertained,  shall  be 
paid, — fifty  per  centum  (50)  by  the  State,  and  twenty-five  per  centum 
(25)  by  the  county,  and  twenty-five  per  centum  I  25  i  by  the  township: 
Provided,  Where  the  land  so  taken  is  in  connection  with  the  im- 
provement of  State-aid  highway,  which  is  being  done  upon  the  peti- 
1ion  of  township  or  county  alone,  and  not  jointly  by  the  township 
and  county,  then  fifty  per  centum  (50)  <>f  the  damages  sustained 
shall  he  paid  by  the  county  or  township. 

See.   32.    Act    of    May   31.    19.11,    P.    L.    168. 

1843.  The  total  cost  of  the  improvement  and  maintenance  of  the 
State  aid  highways  constructed  under  the  provisions  of  this  act.  as 


374 

provided  by  the  terms  of  the  contract,  or  otherwise  as  herein  pro- 
vided when  properly  certified  by  the  State  Highway  Commissioner, 
shall  be  audited  by  the  Auditor  General,  and  when  audited  and 
allowed  shall  be  paid  out  of  moneys  specifically  appropriated  for 
this  purpose,  by  warrants  drawn  therefor  by  the  Auditor  General 
upon  the  State  Treasurer.  The  share  of  the  county  shall  be  paid  as 
provided  by  its  contract,  and,  otherwise,  by  the  provisions  of  this 
act,  to  the  State  Treasurer  by  the  county  treasurer,  upon  the  war- 
rant of  the  county  commissioners,  in  such  sum  or  sums  as  shall  be 
certified  by  the  State  Highway  Commissioner,  from  time  to  time, 
during  the  performance  of  the  work  or  contract,  or  as  provided  by 
the  contract,  and,  otherwise,  by  the  provisions  hereof,  after  the  same 
shall  be  completed.  The  share  of  the  township  or  townships,  or  of 
any  borough  or  boroughs,  or  of  any  incorporated  town  or  towns, 
shall  be  paid  to  the  State  Treasurer  by  the  township  supervisors 
or  commissioners,  or  by  the  borough  treasurer,  or  by  the  town  trea- 
surer, as  the  case  may  be,  in  the  manner  and  form  as  in  the  case  of 
counties,  and  as  other  debts  of  said  townships  or  boroughs  are  paid, 
when  and  as  demanded  by  certificate  of  the  State  Highway  Com- 
missioners during  the  performance  of  the  work  or  contract,  or,  in 
like  manner,  after  the  same  shall  be  completed.  Upon  the  com- 
pletion of  any  State-aid  highway  improvement,  or  upon  the  ascer- 
tainment of  any  additional  improvement  cost,  or  of  any  maintenance 
expense,  incurred  thereon  thereafter  by  the  State  Highway  Depart- 
ment, the  State  Highway  Commissioner  shall  certify  the  same  to  the 
State  Treasurer,  and  to  the  county  commissioners  and  township 
supervisors,  or  borough  or  town  authorities,  as  the  case  may  be, 
the  respective. shares  of  said  cost  or  expense  for  which  the  county, 
township,  borough,  or  incorporated  town  is  liable.  If  the  said  shares 
or  amounts,  so  certified  by  the  State  Highway  Commissioner,  of 
the  cost  and  expense  of  the  improvement,  or  of  the  subsequent  main- 
tenance thereof,  as  provided  by  contract  and  the  provisions  of  this 
act,  of  the  county,  township,  borough,  or  incorporated  town,  or  all 
or  either  of  them,  shall  not  be  paid  to  the  State  Treasurer  within 
thirty  days  after  being  certified,  then  the  said  shares  of  the  county, 
township,  borough,  or  incorporated  town,  either  or  all  of  them,  re- 
maining unpaid,  shall  be  charged  by  the  State  Treasurer  against  any 
funds  of  said  county,  township,  borough,  or  incorporated  town  which 
may  be  in  the  hands  of  the  State  Treasurer,  or  which  may  thereafter 
come  into  his  hands,  excepting  school  funds,  and  may  also  be  re- 
covered by  action  at  law  or  equity  as  any  other  debts  of  such  conn- 
ties,  townships,  boroughs,  or  incorporated  towns  are  by  law  recover 
able.  The  amounts  paid  under  this  act  to  the  State  Treasurer  by 
the  counties,    townships,   boroughs,   and    towns   shall    be   placed   by 


:*75 

him  to  the  credit  of  the  proper  fund  for  highway  construction  or 
maintenance,  and  shall  immediately  be  available  for  the  use  of  the 
State  Highway  Department  for  construction  or  maintenance,  as  the 
ease  may  be;  and  the  State  Highway  Commissioner  is  hereby  author- 
ized and  empowered  to  apportion  the  said  amounts,  thus  paid  into 
the  State  Treasury  by  the  counties,  townships,  boroughs,  and  in- 
corporated towns,  among  the  several  counties  as  hereinbefore  pro 
vided.  The  State  Highway  Commissioner  may  make  partial  pay- 
ments to  any  contractor  performing  any  highway  improvement, 
under  this  act,  as  the  same  progresses,  upon  estimate  made  by  the 
State  Highway  Department;  but  not  more  than  ninety  (90)  per 
centum  of  the  estimate  of  work  done,  or  of  the  contract  price, 
shall  be  paid  in  advance  of  the  full  and  satisfactory  comple- 
tion of  said  improvement,  and  acceptance  of  same  by  the  State 
Highway  Commissioner. 

Sec.  33  Act  of  May  31,  1911,  P.   L.   4(58. 

The  purpose  of  this  section  was  to  enable  the  Commonwealth  to  receive, 
without  delay  or  litigation,  from  each  municipality  its  share  of  the  cost  and 
expense  <>f  the  highway  improvement  or  maintenance  by  permitting  the 
mutual  obligations  of  the  Commonwealth  and  the  municipality  to  be  set 
off  against  each  other.  It  was  not  intended  to  enlarge  the  liability  of  the 
municipalities  to  include  obligations  not  their  own,  for  the  liabilities  for  the 
cost  and  expense  of  highway  improvement  or  maintenance  is  not  joint,  but 
several,  so  that  the  State  Treasurer  may  charge  the  amount  due  the  Common- 
wealth by  a  bor<  ugh,  for  highway  improvement  or  maintenance,  against 
the  funds  of  the  borough:  Coiti.  ex  rel  v.  J\.  K.  Young,  Stair  Treasurer, 
18  Dauph.  C.  507:  s.  c.l>,  Just.  L.  R.  90,  ',o  Pa.  G.   C.  884. 

1844.  The  word  "highway,"  as  used  in  this  act,  shall  be  construed 
to  include  any  existing  causeway  or  bridge,  or  any  new  causeway 
or  bridge,  or  any  drain  or  watercourse,  which  may  form  part  of  a 
road,  and  which  has  been  or  might  properly  be  built,  according  to 
any  existing  laws,  by  the  township  of  the  Commonwealth.  A  "State- 
aid  highway,"  as  the  term  is  used  in  this  act.  shall  be  construed  to 
mean  only  such  highway  as  is  improved  with  the  aid  and  co-opera- 
tion of  the  State  with  county  and  township,  or  with  county  or  town- 
ship, borough  or  incorporated  town,  either  or  severally,  as  the  case 
may  be,  according  to  the  terms  and  provisions  hereof;  but  shall  not 
include  any  causeway  or  bridge  which  should  properly  be  built  by 
the  county  or  by  the  State,  under  existing  laws. 

Sec.  34,   Act   of  May  31.   1011.    1".    L.  4UK. 

1845.  All  State-aid  highways,  under  the  provisions  of  this  act. 
shall  be  marked,  and  suitable  signboards  erected  and  maintained  at 
crossroads,  as  provided  in  the  case  of  State  Highways,  and  the 
same  shall  be  paid  for  as  part  of  the  cost  and  maintenance  of  the 
highway. 

Sec.  35,  An  of  May  31.  1011,  1'.   L.    W,s, 


376 

• 

1846.  The  State  Highway  Commissioner  shall  compile  and  pre- 
pare a  plan,  or  plans,  of  all  State-aid  highways  in  the  Common- 
wealth, which  shall  show  and  contain  all  the  information  required 
to  be  shown  and  contained  upon  the  maps  or  plans  of  State  High- 
ways, so  that  the  department  shall  at  all  times  have?  a  complete 
record  of  the  same.  In  order  that  the  said  plan  or  plans  of  State- 
aid  highways  may  be  authentic  and  complete  in  all  respects,  the 
countv  commissioner  or  county  engineers  of  the  several  counties  of 
this  State,  and  officials  of  all  cities,  boroughs,  towns,  and  town- 
ships in  the  State,  which  now  have,  or  may  hereafter  have  by  law, 
authority  over  the  public  highways  and  bridges,  shall,  upon  written 
request  of  the  State  Highway  Department,  furnish  said  department 
with  any  information  relating  to  the  mileage,  cost  of  building  and 
maintenance,  condition,  and  character  of  the  highways  under  their 
jurisdiction,  and  with  any  other  needful  information  relating  to  said 
highways. 

Sec.  36,  Act  of  May  31,  1911,  P.  L.  4<;x. 

(o)  County  and  Township  Payments  for  Improvement  and  Main- 
tenance of  State  and  State-Aid  Highways.  Incurring  of  In- 
debtedness. 

1847.  Whenever,  under  any  law  of  this  Common  wealth,  a  county 
and  a  borough,  or  a  county  and  a  township,  may  enter  into  a  con 
tract  with  the  State  Highway  Department  for  the  construction  or 
improvement  of  a  State  or  State-aid  highway,  such  county  may 
contract  with  the  State  Highway  Department  to  pay  the  whole  of 
such  part  of  the  cost  thereof  as  is  not  paid  by  the  Commonwealth. 
The  county  and  the  borough  or  the  township  where  such  improve- 
ments are  made  may  contract  for  the  reimbursement  to  the  county, 
by  the  borough  or  township,  of  a  part  of  the  cost  for  which  the 
county  has  contracted  with  the  State  Highway  Department,  under 
such  terms  as  may  be  mutually  agreed  'on. 

Sec.  1,  Act  of  May  11.  1921,  P.  L.  519. 

1848.  Any  borough  or  township  so  contracting  may  incur  such 
indebtedness,  and  issue  interest  bearing  bonds  therefor,  as  may  be 
necessary  to  pay  their  share  of  the  costs  of  such  construction  or 
improvement  as  agreed  on  in  such  contract,  subject  to  the  con- 
stitutional limitation  of  such  indebtedness. 

Sec.  2,  Ad  of  May  11.  1921,  P.  L.  519. 

1849.  Any  county  of  this  Commonwealth  may  appropriate  and 
expend  moneys,  and  incur  such  indebtedness  and  issue  bonds  or 
other  obligations  therefor,  as  may  be  necessary  to  pay  for  the  im- 


377 

provemenl  and  maintenance  of  any  State  Uighwaj  or  State-aid  lii.uli 
way  or  any  public  highway   within    its   proper   limits:     Provided, 
however,  That  no  improvement  can  be  made  to  any  State  highways 
or  State-aid  highways  until  the  same  has  been  submitted   to  and 
approved  by  the  State  Highway  Department:    And  provided  further, 

That  no  county  shall  appropriate  and  extend  any  of  such  moneys 
Cor  the  improvement  and  maintenance  of  any  public  highway,  other 
than  a  State  highway  or  Stale  aid  highway  or  county  road,  where 
the  highway  is  to  be  improved  jointly  by  the  township  or  borough 
and  county,  until  and  unless  the  supervisors  or  commissioners  of 
the  township  or  borough  council  of  the  borough  in  which  the  highway 
proposed  to  be  improved  lies  shall  first  petition  the  county  com- 
missioners of  the  county,  representing  that  any  highway  or  section 
thereof,  lying  withiu  such  township  or  borough,  on  which  it  is  pro- 
posed that  said  money  shall  be  expended,  is  in  need  of  reconstruction 
or  repair,  and  particularly  describing  said  highway,  and  until  and 
unless  the  said  application  has  been  submitted  to  and  approved  by 
the  State  Highway  Department;  And  provided  further.  That  when 
the  improvement  and  maintenance  of  any  public  highway  in  the 
county  is  desired  by  the  county  without  the  intervention  of  the  town- 
ship or  borough,  the  commissioners  of  said  county  may  make  applica- 
tion for  approval  direct  to  the  State  Highway  Department. 

Sec.  1,  Act  of  June  12,  1919,  P.  L.  450.  as  amended  by  Sec.  1.  Act  of 
March   10,   1921,    P.    L.    26. 

(p)     Closing  of  Highways  to  Travel.     Detours. 

1850.  From  and  after  the  passage  of  this  act,  except  in  the  case 
of  emergencies  wherein  the  safety  of  the  public  would  be  endangered, 
no  public  road  or  highway  in  this  Commonwealth,  excepting  State 
highways  and  State-aid  highways,  shall  be  closed  to  vehicular 
traffic,  except  upon  order  of  the  authorities  having  charge  of  the 
maintenance  of  such  highways,  nor  for  a  longer  period  than  is 
necessary  for  the  purpose  for  wrhich  such  order  is  issued. 

Sec    1.    Act  of  May    17.   192.1.   P.   L.   90S. 

1851,  When  any  public  road  or  highway  shall  be  so  closed,  it 
shall  be  the  duty  of  the  authorities  authorizing  the  closing  to  im- 
mediately designate  or  lay  out^a  detour,  on  which  they  shall  erect 
or  cause  to  be  erected  and  maintained,  while  such  detour  is  in  use. 
legible  signs,  at  each  public  road  intersection  through  out  its  entire 
length,  indicating  the  direction  to  the  main  highway:  and.  during 
the  period  when  such*  detour  is  in  use.  it  shall  be  the  duty  of  the 
authorities  closing  the  main  highway  to  maintain  such  detour  in  safe 
and  passable  condition;  and  they  are  hereby  authorized  to  pay  for 


378 

the  cost  of  such  maintenance  out  of  such  funds  as  are  available  for 
the  maintenance  of  the  highways  in  their  charge.  It  shall  also  be 
the  duty  of  such  authorities  to  immediately  remove  all  detour  signs 
when  the  highway  originally  closed  is  again  opened  for  traffic. 

Sec.  2,  Act  of  May   17,   1921.   P.   L.  008. 

(q)     Water  Troughs  Along  Highways. 

1852.  Under  the  sanction  and  supervision  of  the  supervisors  of 
roads,  or  road  commissioners  of  the  respective  townships,  (or  council, 
or  persons  having  charge  of  the  streets,  in  the  respective  boroughs 
of  this  Commonwealth,)  any  person,  or  persons,  or  chartered  socie- 
ties not  for  profit,  the  object  of  which  shall  be  to  erect  and  main- 
tain watering  troughs  along  the  public  roads,  who  may  erect  and 
maintain  in  good  repair,  a  public  watering  trough  of  not  less  than 
six  feet  in  length,  twelve  inches  in  width  and  ten  inches  in  depth, 
in  the  clear,  of  either  wood,  or  iron,  or  of  stone,  except  that  the 
stone  troughs  shall  be  not  less  than  two  feet  in  length,  and  have 
pure  clear  water  continually  running  into  the  same,  except  in  hard 
freezing  weather,  by  a  pipe,  pipes,  or  otherwise,  upon  the  gide  of 
the  public  highway,  erected  of  sufficient  height  and  of  easy  access, 
suitable  for  watering  horses  and  cattle,  and  approved  by  the  super- 
visors or  road  commissioners  of  such  township,  (or  person  having 
charge  of  the  streets  of  the  boroughs,)  shall  be  entitled  to  receive 
from  the  road  fund  thereof  a  sum  of  money  not  exceeding  five  dollars 
annually,  as  shall  be  agreed  upon  at  the  time  of  the  erection  of  such 
trough:  (Provided,  That  the  town  council,  or  person  having  charge 
of  the  streets,  in  the  several  boroughs,  may  erect  proper  and  suitable 
watering  troughs  at  an  expense  not  exceeding  twenty  dollars:) 
Provided,  further.  That  after  the  first  payment  and  before  receiving 
any  subsequent  annual  payment,  such  chartered  society  shall  publish 
a  statement,  attested  by  the  president  and  secretary,  certifying  that 
all  the  moneys  received  from  the  road  fund,  as  provided  by  said  act 
has  been  expended  in  the  erection  of  troughs  and  supplying  the  same 
with  water,  or  in  keeping  those  already  erected  in  proper  repair: 
Provided.  That,  if  more  than  one  watering  trough  is  erected  and  main- 
tained within  five  miles  on  the  same  road,  but  one  such  trough  shall  be 
entitled  to  the  benefit  of  this  act,  and  the  oldest  and  first  trough 
shall  have  the  preference. 

See.  1.  Act  of  April  28,  1876,  P.  L.  51.  as  amended  by  Sec.  1.  Act  of  June 
25,   1885,   P.    L.    168. 

This  amendment  was  crudely  drafted.  It  is  entitled  a  supplement,  whereas 
it  is  in  fact  a  direct  amendment.  According  to  the  language  of  the  enacting 
portion  of  section  one,  it  purports  to  amend  a  supplement  to  the  Act  of 
1876  whereas  it  directly  amends  the  aforesaid  Act  of  1876  as  it  was  originally 
enacted. 


37!) 

1853.  On  any  public  road  where  running  water  cannol  be  supplied 
for  such  trough,  any  person  or  persons,  who  may  provide  water  tor 
the  purpose  aforesaid  by  ;i  pump,  and  keep  the  same  in  proper  re- 
pair to  be  worked  by  the  person  desiring  water  for  their  horses  or 
cattle,  may  erect  such  pump  and  trough  and  to  be  approved  of  by 
the  supervisor  or  road  commissioner  of  such  (borough  or)  township, 
shall  be  entitled  to  the  same  annual  pay  from  the  road  fund  thereof 
as  provided  for  in  the  tirst   section  of  this  act. 

Sec.  2,  Act  of  April  28,  1876,   P.  L.  51. 

Sec.  ."?  ut'  this  act  ant  Ik  rizing  supervisors  to  erect  water  troughs  was 
repealed  by  the  township  code.  See  section  381,  CI.  XII.  and  Section  386, 
CI.  V. 

L854.  Whenever  any  watering  trough  is  erected  for  the  purpose 
aforesaid,  the  same  shall  he  public  property;  and  any  person  or 
persons  wantonly  destroying  or  injuring  the  same,  or  committing 
any  nuisance  upon  or  near  the  same,  shall  he  Liable  to  a  prosecutiotn 
before  any  justice  of  the  peace  of  the  proper  county,  and  if  duly  proven 
to  the  satisfaction  of  the  said  justice,  shall  he  punishable  by  a  fine 
not  exceeding  twenty  dollars,  and  upon  refusing  to  pay  the  same, 
together  with  the  costs  thereof,  may  be  by  the  said  justice  committed 
to  the  prison  of  the  county  for  a  period  not  exceeding  ten  days. 

Sec.  4,  Act  of  April  28,  187a  P.  L.  51. 

1855.  Whenever  watering  troughs  have  already  been  erected  on 
the  public  highways,  the  supervisors  and  road  commissioners  shall 
give  the  owners  the  preference  as  to  the  benefits  of  this  act:  Provided, 
They  accept  the  provisions  of  the  same. 

Sec.  5,  Act  of  April  29.  187G,  P.  L.  51. 

(r)     Defacing  Sign  or  Index  Boards. 

For  additional  provisions  relating  to  this  subject,  see  sections  537   to  539. 

1850.  On  and  after  the  passage  of  this  act,  it  shall  be  unlawful 
for  any  person  to  wilfully  destroy,  remove,  injure,  or  deface  any  sign 
or  index  board,  erected  upon  or  near  any  public  street,  road,  or 
bridge  in  this  Commonwealth,  by  the  authorities  of  any  such  borough, 
township,  or  county  therein;  or  erected  with  the  consent  of  the 
authorities  having  jurisdiction  over  such  street,  road,  or  bridge,  by 
any  club  association,  or  other  organized  body;  for  the  direction, 
guidance,  or  safety  of  travellers;  and  any  person  violating  this  act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  forfeit  and  pay 
a  fine  of  not  less  than  ten  dollars,  nor  more  than  twenty-five  dollars, 
with  all  costs  of  prosecution,  together  with  the  value  of  such  sign 
so  destroyed,  removed,  or  defaced,  and.  in  default  of  payment  of  said 


380 

fine,   costs,   and   expenses,   shall   undergo   on    imprisonment,    in    the 

jail  of  the  proper  county,  for  a  period  of  not  less  than  five,  nor  more 
than  sixty  days,  at  the  discretion  of  the  court. 

Sec.  1.  Act  of  April  23.  1909,  P.  L.  171. 

1857.  Any  and  all  such  signs,  of  wood,  metal,  or  other  substance, 
affixed  lo  trees  or  posts  in  or  upon  any  highways,  properly  erected 
in  such  manner  that  they  do  not  interfere  with  travel ;  or  upon  fences, 
telegraph,  telephone,  trolley  or  other  poles,  with  the  permission  of 
the  owners  thereof ;  or  upon  private  grounds  where  consent  has  been 
obtained  from  the  owners  and  tenants  thereof,  and  nearby  public- 
roads,  shall  be  deemed  to  be  within  the  provision  of  this  act. 

Sec.  2.  Art  of  April  23,  1909.  P.  L.  171. 

(s)     Throwing  Glass  Upon  Highways. 

1858.  It  shall  be  unlawful  for  any  poison  to  throw,  or  cause  to 
be  thrown,  any  glass  or  metal  or  refuse,  dangerous  or  detrimental 
to  the  traveling  public,  upon  any  highway  of  any  township  or  borough. 

Sec.  1.  Art  of  May  1,  1913,  P.  L.  153. 

1859.  Any  person  who  shall  violate  the  provisions  of  this  act 
shall,  upon  conviction  thereof  before  any  justice  of  the  peace  of  the 
proper  township  or  borough,  be  sentenced  to  pay  a  fine  of  not  less 
than  ten  dollars  ($  10.00),  nor  more  than  one  hundred  dollars 
($100.00). 

Sec.  2.  Act   of  May  1.   1913,   P.  L.  153. 

(t)     Use  of  Convict  Labor  on  Roads. 

1860.  As  used  in  this  act,  the  term  "jail"  means  penitentiary, 
jail,  prison,  or  workhouse. 

"Warden''  means  any  person  in  charge  of  a  jail. 
"Highway"  means  any  highway,  road,  street,  or  alley. 
"Convict"  means  any  inmate  of  a  jail. 

"Municipality"  means  any  municipal  corporation  or  quasi  mu- 
nicipal corporation. 

Sec.  1.  Aft  <f  .Tunc  4.  1915.  P.  L.  812. 

L861.  The  warden  of  any  jail  is  hereby  authorized  and  directed 
to  detail  for  work  on  the  public  highways  such  convicts  as  he  may 
deem  advisable,  excepting  prisoners  under  sentence  of  death,  upon 
the  written  request  of  the  State  Highway  Commissioner,  for  all  State 
roads;, the  county  commissioners,  for  all  county  roads;  the  township 
commissioners  or  township  supervisors,  as  the  case. may  be,  for  town- 


381 

ship  roads;  the  mayor  or  burgess,  as  the  ease  may  be,  for  all  mu- 
nicipal streets.  The  detail  shall  be  voluntary  on  the  part  of  the 
convict,  and  shall  in  no  way  be  compulsory. 

Sec.   2,   A.i    of  June    1.    1915,    I'.    L.  812. 

1862.  Convicts  detailed  to  highway  work  shall,  while  so  engaged, 
be  under  the  genera]  direction  of  the  warden,  or  overseers  appointed 
by  him,  and  shall  be  subject  to  such  rules  and  regulations  with 
respect  to  their  bonis  of  labor,  conduct,  and  control  as  the  warden 
shall  establish. 

Sec.  ■•:.  An  of  June   I.  1915,  P.  L.  812. 

1863.  The  convicts  shall  not  be  required  to  wear  stripes.  For 
any  infraction  or  violation  of  the  rules  and  regulations  the  maximum 
punishment  of  any  convict  shall  be  his  summary  return  to  confine 
ment  in  the  jail,  and  loss  of  all  deductions  from  the  time  of  his 
sentence  which  he  may  have  been  entitled  to  up  to  the  time  of  such 
infraction  or  violation. 

Sec.  4,  Act  of  June  4,  1915,  P.  L.  812. 

1864.  Each  convict  shall  be  allowed  the  sum  of  twenty-live  cents 
for  each  day's  labor.  This  sum  shall  accumulate  as  a  fund  to  be 
paid  the  convict  on  the  termination  of  his  sentence,  or  on  his  release 
by  pardon  or  parole,  and  which  shall  be  in  addition  to  the  sum  of 
money  ordinarily  given  discharged  convicts.  The  sum  shall  be  paid 
by  the  State,  county,  township,  or  municipality  having  the  work  done. 

S«c  5.  Act  of  June  4.  1915,  P.  L.  812. 

1865.  On  petition  of  any  convict,  the  warden  may  pay  out  from 
any  sum  so  accumulated  a  portion,  or  all  thereof,  in  support  of  a 
dependent  wife,  children,  or  parent  of  such  convict  in  need  or  distress. 

See.  0.  Act  of  June   4.   1915,  P.   L.  812. 

1S66.  The  warden,  on  the  written  requests  for  convicts  by  the 
State  Highway  Commissioner,  in  the  construction  of  State  roads:  or 
the  county  commissioners  of  each  county,  in  the  construction  of 
county  roads  :  or  the  township  supervisors  or  township  commissioners, 
as  the  case  may  be  ,in  the  construction  of  township  roads;  or  the 
municipal  authorities,  in  construction  of  municipal  streets ;  shall 
determine  upon  what  highways  convicts  so  detailed  shall  be  employed, 
whether  in  the  improvement  of  existing  highways  or  in  the  construc- 
tion of  new  highways.  The  State  Highway  Commissioner  shall  have 
general  supervision  and  direction  of  all  State  road  work,  and  the 
county  commissioners  of  all  couty  roads,  the  township  commissioners 
or  township  supervisors,  as  the  case  may  be.  of  all  township  roads. 


382 

and  the  municipal  authorities  of  all  municipal  streets,  to  the  improve- 
ment or  construction  of  which  convicts  have  been  detailed  . 

Sec.  7,  Act  of  June  4,  1915,  P.  L.  812. 

1867.  Hereafter  convicts  of  any  jail,  undergoing  sentence  in 
accordance  with  law,  who  shall  or  may  be  engaged  in  work  on  any 
highway,  and  who  shall  conduct  himself  in  accordance  with  the  rules 
of  the  prison  and  perform  his  work  in  a  creditable  manner,  shall 
be  granted  such  good  time  in  addition  to  that  allowed  by  law  as  the 
Governor  may  order,  not  to  exceed  (10)  days  in  any  one  calendar 
month.  The  Governor  shall  not  execute  any  of  the  rights  or  powers 
herein  granted  unto  him  until  the  Lieutenant  Governor,  Secretary 
of  the  Commonwealth,  Attorney  General,  and  Secretary  of  Internal 
Affairs,  or  any  three  of  them,  after  full  hearing,  upon  due  public 
notice  and  in  open  session,  upon  such  rules  as  they  shall  provide, 
shall  have  recommended  the  commutation  of  sentence. 

Sec.  8,  Act  of  June  4,  1915.   P.  I;.  812 

1868.  Convicts  employed  under  this  act  shall  not  be  used  for  the 
purpose  of  building  any  bridge,  or  other  structure  of  like  character, 
or  to  do  any  work  in  connection  therewith,  which  requires  the  employ- 
ment of  skilled  labor. 

Sec.  9,  Act  of  June  4,  1915.  P.  L.  812. 

1860.  All  disbursements  for  expenditures  for  convict  labor  shall 
be  on  warrants  certified  to  by  the  officer  or  person  in  charge  of  the 
highway  work,  and  upon  approval  by  the  State  Highway  Conimission- 
er,  county  commissioners,  township  commissioners,  township  super- 
visors, or  proper  municipal  authorities  be  paid  to  the  warden  for 
the  use  of  such  convicts,  on  warrants  drawn  by  the  State  Treasurer, 
county  treasurer,  or  treasurer  of  the  board  of  township  commission- 
ers, township  supervisors,  or  of  the  municipality,  from  such  funds 
as  may  be  designated  for  labor  for  such  convicts,  to  be  used  in  the 
repair  and  construction  of  such  highways. 

Sec.  10,  Act  of  June  4,  19.15,  P.  L.  812. 
(u)     Division  of  Township  Highways  of  State  Highway  Department. 

1870.  The  State  Highway  Commissioner  shall  establish  in  the 
State  Highway  Department  a  Division  of  Township  Highways,  which 
shall  be  in  charge  of  the  Township  Commissioner. 

Sec.  1,  Act  of  July  8,  1919,  P.  L.  770. 

1871.  The  State  Highway  Commissioner  shall  appoint  a  toAvnship 
engineer  and  such  additional  engineers,  clerks,  officers,  and  employes 


383 

that  may  be  required  to  carry  out  the  provisions  of  this  act,  fix  the 
rate  of  their  salary,  and  the  amount  of  the  bond,  if  any.  they  shall 
be  required  to  give. 

Sec.  2,  Act   of  July  8,   1!>19,   P.   L.  770. 

1872.  The  salaries  and  expenses  of  all   such   employes  shall   be 

paid  by  the  State  Treasurer,  upon  warrants  of  the  Auditor  General, 
out  of  the  moneys  appropriated  therefore,  in  the  same  manner  as 
the  salaries  and  expenses  of  other  officers  and  employes  of  the  State 
Highway  Department  are  paid  . 

Sec.  3,  Act  of  July  8.  1919.  P.  L.  770. 

1873.  The  Township  Commissioner,  under  the  direction  of  the 
State  Highway  Commissioner,  shall:  First,  Have  general  supervision 
of  all  township  highways  and  bridges,  and  approve  or  disapprove 
all  agreements  and  contracts  made  by  township  supervisors  for  the 
expenditure  of  township  money  or  township,  county  and  State 
moneys,  except  for  the  construction,  improvement  or  maintenance 
of  State  highways  and  State-aid  highways. 

First  paragraph.   Sec.   4.  Act  of  July  8.  1919,  P.  L.  770,  as  amended  by 
Sec.   1,   Act  of  May  17,  1921,   P.  L.  826. 

1874.  Second.  Approve  plans  and  specifications  and  estimates 
for  the  erection  and  repair  of  township  bridges  and  culverts  and  for 
the  construction  and  maintenance  of  township  highways.  Plans 
and  specifications  for  the  construction  or  repair  of  township  bridges 
or  culverts  shall  not  be  approved  unless  the  same  conform  to  the 
standards  of  the  State  Highway  "Department.  Xo  contract  for  the 
repair  or  construction  of  any  township,  bridge  or  culvert  or  for  the 
reconstruction  of  a  township  road  shall  be  valid  unless  such  contract 
is  in  accordance  Avith  standard  plans  prescribed  or  unless  plans 
specifications,  and  estimates  have  been  prepared  or  approved  by  the 
Township  Commissioner. 

Third.  Compel  compliance  with  laws,  rules,  and  regulations 
relating  to  such  highways  and  bridges  by  township  highway  officers, 
and  see  that  the  same  are  carried  into  full  force  and  effect. 

Fourth.  Compile  statistics  relating  to  public  highways  throusrh- 
out  the  Stat"  and  such  other  information  in  regard  thereto  as  he 
shall  deem  expedient. 

Fifth.  Prepare  tables  showing  total  number  of  miles  of  highways 
in  the  State,  by  township  and  county,  and  file  a  copy  of  the  snme 
in  the  office  of  the  State  Highway  Department. 

Sixth.  Make  an  annual  report  to  the  State  Highway  Commissioner 
for  publication  covering  the  work  of  his  division,  the  condition  and 
needs  of  the  township  roads  of  the  Commonwealth,  and  containing 


384 

such  recommendation  as  he  shall  deem  necessary  for  their  further 
improvement. 

Seventh.  Call  such  State,  county,  or  township  road  meetings 
or  conventions  at  such  times  and  at  such  places  as  he  shall  deem 
wise,  and  direct  officers  and  employes  of  his  division  to  attend ;  assist 
in  the  formation  of  county  associations  of  township  officers,  and  be 
represented  at  their  conventions. 

Sec.  4,  Act  of  July  9,  1919,  P.  L.  770. 

1875.  The  Township  Commissioner,  subject  to  the  approval  of 
the  State  Highway  Commissioner,  shall  divide  the  State  into  suitable 
districts,  and  assign  to  each  district. an  assistant  engineer  of  town- 
ship highways.  Each  such  assistant  engineer,  subject  to  the  rules 
and  regulations  of  the  Township  Commissioners,  shall : 

First.  Have  the  general  charge  of  all  township  highways  and 
bridges  within  his  district,  see  that  the  same  are  improved,  repaired 
and  maintained,  as  provided  by  law,  and  according  to  the  rules  and 
regulations  of  the  Township  Commissioner,  and  have  the  general 
supervision  of  the  work  of  constructing,  improving  and  repairing 
township  bridges  and  highways  in  his  district,  so  far  as  it  is  practical 
to  do  so. 

Second.  Visit  and  inspect  highways  and  bridges  in  each  township 
of  his  district  at  least  once  in  each  year  or  whenever  directed  by  the 
Township  Commissioner,  and  advise  and  direct  how  to  repair,  main- 
tain and  improve  such  highways  and  bridges. 

Third.  Examine  the  various  formations  and  deposits  of  road 
building  material,  in  bis  district  for  the  purpose  of  asertaining  the 
materials  which  are  best  available  and  suitable  for  the  improvement 
of  highways  therein,  and  when  requested  by  the  Township  Commiss- 
ioner, submit  samples  of  such  formations  and  deposits,  and  make 
a  written  report  in  respect  thereto. 

Fourth,  Investigate  and  recommend  for  approval  or  disapproval, 
all  contracts  for  tbe  purchase  by  the  townships  of  the  second  clnss 
of  road  building  and  repairing  equipment,  including  motor  trucks 
and  drain  or  culvert  pipe. 

Fifth.  Report  to  the  Township  Commissioner,  annually  on  or 
before  December  first  in  each  year,  in  relation  to  the  township  high- 
ways and  bridges  in  his  district,  in  manner  and  form  as  may  be 
nrescribed  by  the  Township  Commissioner.  Additional  reports  shall 
be  made  when  required  by  the  Township  Commissioner. 

Sixth.  Attend  any  meeting  or  convention  when  directed  to  do 
so  by  the  Township  Commissioner. 

Sec.5.  Act  of  July  8,  1010.  P.  T,.  770.  as  amended  by  Sec.  2.  „\ct  of  May 
17.   1021.   P.   L.  826. 


385 

This  section  does  ool  relieve  the  townsbip  supervisors  from  the  duties 
imposed  on  them  by  prior  legislation  or  from  liability  to  perform  the  Bame, 
and  they  are  liable  for  injuries  caused  by  the  absence  of  :i  guard  rail  on  a 
bridge:     Benedict  v.  Fulton  Township  Supervisors,  SO  D.  /,'.    \SS. 

INTO.  Each  township  of  the  second  class  thai  has  complied  with 
all  the  provisions  of  the  acts  of  Assembly  which  relate  to  and  govern 
townships  of  that  class,  and  have  filed  annual  reports  and  agreements 
and  copy  of  treasurer's  bond,  shall  be  entitled  to  receive  a  portion 
of  the  State  rewind  fund  apportioned  to  the  respective  counties: 
Provided.  That  an  application  has  been  made  to  the  State  Highway 
Depart  ineni  for  such  State  reward  on  or  before  March  lirsl  as  re 
quired  by  law:  And  provided.  That  the  apportionment  made  to  the 
county  lias  not  been  exhausted. 

Sec.  6,  Act   of  July  8,   1919,   P.  L.  770. 

1877.  Upon  completion  of  the  work  for  which  a  Stale  reward  has 
been  granted  according  to  the  plans  and  specifications  and  contract 
or  agreement,  verified  by  the  sworn  statement  of  a  majority  of  the 
board  of  township  supervisors  and  the  certificate  of  the  assistant 
engineer,  the  Township  Commissioner,  with  The  approval  of  the  State 
Highway  Commissioner,  shall  certify  to  the  Auditor  General  the 
amount  of  State  reward  due  said  township,  and  he  shall  draw  a 
warrant  upon  the  State  Treasurer,  as  provided  by  act  of  Assembly. 
to  the  treasurer  of  the  board  of  supervisors,  which  shall  be  paid  out 
of  money  appropriated  for  that  purpose. 
Sec.  7.  Act  of  July  8,  1919,  P.  L.  770. 

1S78.  The  State  Highway  Department  shall  furnish,  from  time 
to  time,  bulletins  of  instruction  to  each  board  of  Township  super- 
visors, for  the  building,  repairing,  maintenance,  and  improvement 
of  township  roads  and  bridges,  and  shall  furnish  any  additional 
information  when  called  upon  to  do  so.  The  departmeut  shall  also 
furnish,  from  time  to  time,  free  of  charge,  standard  plans  and 
specifications  for  permenent  improvements  iu  the  building  of  bridges 
and  culverts,  establishing  of  grades,  proper  drainage  and  such  other 
matters  as  may  be  deemed  essential. 

Sec.   8,   Act   of  July   8.   191  !>,   P.    L.   770. 

L879,  The  Slate  Highway  Department  shall  furnish  blanks  to  the 
supervisors,  in  which  said  supervisors,  or  a  majority  of  them,  shall 
make  a  sworn  statement  that  the  money  has  been  expended  in  building- 
repairing,  maintaining,  dragging,  and  improving  the  township  roads, 
according  to  the  instructions,  standards,  and  specification  or  the 
rules  and  regulations  prescribed  by  the  State  Highway  Department, 
so  far  a.s  the  available  funds  and  local  conditions  make  it  possible. 
Upon  the  neglecl   or  refusal  of  the  supervisors  of  any  township  to 

2» 


386 

carry  out  the  instruction,  rules,  and  regulation  of  the  Township 
Commissioner,  the  Township  Commissioner  may  withhold  from  such 
township,  so  neglecting  or  refusing,  the  amount  of  State  reward  to 
which  it  would  be  entitled  for  the  year  in  which  said  neglect  or  re- 
fusal occurred. 

Sec.  9,  Act  of  July  8,  1919,  P.  L.  770. 

1880.  The  State  Highway  Department  shall  supply  the  necessary 
books,  blanks,  and  forms  and  shall  prescribe  the  method  of  keeping 
township  accounts  of  moneys  received  and  expended  for  highways, 
machinery,  bridges,  tools,  and  implements  and  for  miscellaneous 
purposes,  which  shall  be  uniform  through  the  State  so  far  as  prac- 
ticable. The  Township  Commissioner  may  at  any  time  cause  an 
examination  of  all  such  accounts  and  records  to  be  made.  The 
Township  Comissioner  shall  forward  to  the  boards  of  supervisors  by 
December  first  of  each  year,  all  supplies  neQessary  for  the  proper  con 
duct  of  the  affairs  of  the  township,  which  shall  include  blanks  for 
yearly  reports  of  supervisors  to  the  Township  Commissioner,  forms 
for  monthly  reports  by  township  superintendents,  and  road-masters, 
to  supervisors,  and  orders  for  the  payment  of  moneys  by  township 
treasurers. 

Sec.  10,  Act  of  July  8.  1919,  P.  L.  770,  as  amended  by  Sec  3,  Act  of  May 
17,  1921,  P.  L.  826. 

1881.  The  clerk  of  the  court  of  quarter  sessions  in  each  county 
shall,  not  later  than  the  twentieth  day  of  November  following  every 
municipal  election,  certify  to  the  State  Highway  Department  the 
names  and  post  offices  addresses  of  all  supervisors  and  commis- 
sioners of  the  townships  in  said  county.  The  failure  or  neglect  of 
any  clerk  of  the  courts  to  furnish  such  list  shall  be  deemed  a  mis- 
demeanor. Upon  conviction,  any  such  clerk  shall  be  punished  by 
a  fine  of  not  more  than  fifty  dollars. 

Sec.  11,  Act  of  July  8,  1919,  P.  L.  770. 

1882.  It  shall  be  unlawful  for  any  assistant  engineer  of  township 
highways  to  be  interested,  either  directly  or  indirectly,  in  any  pur- 
chase made  or  contract  relating  to  roads  and  bridges,  except  as  pro- 
vided for  in  this  act,  or  to  furnish  any  materials  therefor.  Any  as- 
sistant engineer  knowingly  violating  the  provisions  of  this  section 
shall  be  guilty  of  a  misdemeanor.  Upon  conviction  thereof,  he  shall 
be  sentenced  to  pay  a  fine  not  exceeding  five  hundred  dollars  ($500), 
or  be  imprisoned  for  a  term  not  exceeding  six  months  or  both.  All 
fines  collected  under  the  provisions  of  this  section  shall  be  paid  into 
the  State  Treasury. 

Sec.  12.  Acl  of  July  8,  1919,  P.  L.  770. 


387 
(v)     Bridges 

This  chapter  does  aol  contain  a  complete  copy  of  the  existing  law  relating 
to  county  bridges  which  are  located  in  townships.  Only  so  much  of  said  law 
as  provides  the  several  methods  whereby  a  township  may  be  relieved  from  the 
burden   <>t'   constructing    and    repairing  certain   bridges  lias   been   included. 

For  other  previsions  relative  to  the  erection  and  construction  of  bridges, 
piers  and  abutments  see  section  855 — 922.  For  provisions  relating  to  the 
defacing  of  signs  on  bridges  see  tins  chapter,  subdivision  (r),  sections  1856 
and    1857. 

For  provisions  relating  to  the  subject  of  views  and  viewers  in  road 
cases  see  sections    1720  to    17<>u   and   notes   thereunder. 

18S3.  When  a  river,  creek,  or  rivulet,  over  which  it  may  be  neces- 
sary to  erect  and  construct  a  bridge,  crosses  a  public  street,  road,  or 
highway  in  any  city,  borough  or  township  of  this  Commonwealth,  and 
the  erecting  and  constructing  of  such  bridge  requires  more  expense 
than  it  is  reasonable  that  the  respective  city,  borough,  township  or 
townships,  or  any  two  of  them  when  they  are  adjoining,  should  beat-, 
the  court,  having  jurisdiction  as  aforesaid,  shall,  upon  the  representa- 
tion of  the  proper  authorities  of  the  respective  city  or  borough,  or  of 
the  supervisors  of  the  township,  or  on  the  petition  of  any  of  the  in- 
habitants of  the  respective  city,  borough,  or  township,  order  a  view 
in  the  manner  provided  for  in  the  case  of  roads ;  and  if,  on  the  report 
of  the  viewers,  it  shall  appear  to  the  court,  grand  jury,  and  commis- 
sioners of  the  county  that  such  bridge  is  necessary,  and  would  be  too 
expensive  for  such  city,  borough,  township  or  townships,  or  any  two 
of  them  adjoining  to  bear,  it  shall  be  entered  on  record  as  a  county 
bridge.  Should  any  county  bridge,  whether  heretofore  or  hereafter 
erected,  be  insufficient,  for  any  cause,  to  accommodate  the  public 
travel,  it  shall  be  lawful  to  proceed  in  said  court  by  petition,  in  the 
manner  aforesaid,  with  like  proceedings  and  with  the  same  effect  ;is 
if  the  petition  was  for  an  original  county  bridge;  and,  upon  the  ap- 
proval of  the  court,  grand  jury,  and  county  commissioners,  a  new 
bridge  may  be  erected  and  constructed  to  take  the  place  of  the  bridge 
then  existing. 

Sec.  35,  Act  of  June  13,  1836,  P.  L.  551,  as  amended  by  Sec.  1,  Act  of 
June  12,  1907,  P.  L.  523. 

The  prerequisites  to  the  authority  of  county  commissioners  to  build  a 
county  bridge  are  (1)  A  report  of  viewers  that  the  bridge  is  necessary  and 
too  expensive  for  the  township,  (2)  that  these  facts  have  been  made  to 
appear  to  the  '<•*  art,  grand  jury  and  county  commissioners, (3)  that  the 
bridge  has  been  entered  on  record  as  a  county  bridge.  If  either  has  not 
been  taken  the  commissioners  arc  not  empowered  to  spend  the  money  of  the 
county  in  the  erection  of  the  bridge:  Com.  r.  Bowman,  218  Pa.  880; 
Loyalhanna  Creek  Bridge,    )~>   Pa.  C  C.    ill. 

A  county  cannot  lie  compelled  to  erect  a  county  bridge  on  a  condemned 
turnpike  which  has  been  taken  over  by  the  Commonwealth  as  a  State  High- 
way :     Commonwealth  v.   Centre  County  Commissioners,  Jfi  Pa.  C.  O.  101. 


388 

Where  a  turnpike  road  is  freed  from  tolls  a  bridge  built  on  the  line  of  the 
road  does;  not  become  a  county  bridge,  and  if  such  bridge  is  destroyed  by 
ice,  the  township  must  repair  it,  unless  relieved  by  proceedings  under  this 
section:    Bridge  on  Bedford  and  Stoystown  Turnpike  Road,  i)  Pa.  C.  C.  296. 

In  all  bridge  proceedings,  whether  exceptions  be  filed  or  not,  affirmative 
determination  of  the  question  of  necessity  by  the  court  is  a  positive  statu- 
tory duty  which  is  not  committed  to  the  independent  action  of  viewers,  as 
in  road  cases:     Bethlehem   Intcrcounty  Bridge,  14  North.  C.  R.  73. 

A  report  of  "no  bridge"  by  a  grand  jury  upon  the  report  of  viewers  ap- 
proving the  erection  of  a  bridge,  ends  the  proceedings  and  it  is  error  for  the 
court  to  refer  the  bridge  to  another  grand  jury:  Pequea  Creek  Bridge,  68  Pa. 
[27 :   Bridge  in  Rapho   and   West  Hempfiefd   Townships,  1  Lane.  L.  R.  27. 

A  mandamus  will  lie  to  compel  the  erection  of  a  county  bridge,  after  a 
lapse  of  fourteen  years  from  the  time  it  was  authorized.  The  county  having 
neglected  a  duty  cannot  be  heard  to  complain:  Commissioners  of  York 
County  v.  The  Commonwealth  ex  rel  Smyser,  72  Pa.  2Jf. 

A  review  is  a  matter  of  right  in  proceedings  to  erect  a  county  bridge  and 
the  report  of  viewers  should  lie  over  until  the  next  term  in  order  to  allow 
time  for  filing  of  exceptions  and  review.  A  review  will  be  allowed  where 
report  of  viewers  was  prematurely  laid  before  a  grand  jury  and  approved  : 
Bedford  Bridge,  72  Pa.    ',2;  Lehigh  Township   Road,   17  Pa.  C.  C.  236. 

The  approaches  are  a  necessary  part  of  a  bridge  and  when  a  bridge  is 
directed  to  be  built  by  the  county,  the  commissioners  should  not  only  build 
the  piers  and  the  superstructure  but  should  .also  construct  proper  approaches, 
reasonably  safe  and  convenient  for  public  travel :  Penn  Twp.,  v.  Perry  Go., 
78  Pa.  45(7. 

Where  a  bridge  has  been  entered  of  record  as  a  county  bridge  and  built 
by  the  county,  the  expense  of  building  the  approaches  must  be  borne  by 
the  county:  Westfield  Borough  v.  Tioga  County,  150  Pa.  152;  Comm.  ex  rel. 
v.  Supervisors  of  Swatara  Township,  16  Pa.  C.  C.  490. 

All  the  provisions  of  this  section  must  be  complied  with  in  order  to  make 
proceedings  for  the  erection  of  county  bridges  effective.  It  is  not  only  neces- 
sary to  have  the  concurrence  of  the  grand  jury,  the  court  and  the  county 
commissioners,  but  the  concurrence  of  these  three  bodies  must  be  reasonabrv 
continuous:  Commonwealth  ex  rel.  v.  Baker,  212  Pa.  232;  Pittsburgh  it- 
Lake  Erie  R.  R.  Co.  r.  Lawrence  County,  198  Pa.  1. 

The  piopcr  practice  in  conforming  to  the  above  provisions  as  to  recording 
:i  county  bridge  is  for  the"  county  commissioners  to  pass  a  resolution  formally 
expressing  their  concurrence  in  the  view  that  the  bridge  is  necessary  and  too 
expensive  for  the  township  and  to  file  a  copy  of  such  resolution  in  the  court 
of  quarter  sessions.  The  mere  fact  that  the  commissioners  advertised  for 
proposals  to  erect  the  bridge  is  not  a  compliance  with  the  statutory  provi- 
sions that  the  bridge  shall  be  entered  of  record:  Commonwealth  ex  rel.  v. 
Bowman,  218  Pa.  330;  Pittsburgh  &  Lake  Erie  R.  R.  Co.  v.  Laicrence 
County,  198  Pa.  1. 

Where  one  of  the  petitioners  for  a  county  bridge  was  also  a  member  of 
the  grand  jury  who  acted  on  the  report  of  viewers  ;uid  concurred  in  the 
report,  the  action  of  the  grand  jury  will  be  set  aside  and  the  report  of  the 
viewers  submitted  to  another  grand  jury:  Pottstown  Bridge,  5  Pa.  C.  C.  334; 
Nescopeck  Bridge  21  W.  N  C.  426. 

Viewers  appointed  under  this  section  to  ascertain  whether  a  bridge  should 
be  constructed  by  the  county,  cannot  lay  out  a  new  road  to  connect  with 
such  bridge,  unless  the  order  issued  to  them  gives  them  authority  to  do  so: 


3S0 

Mill  Creel   Bridge,   II    l>.  R.  8.9/ ;  ,;,,</</.•  o-o    Smith  field  Creek,  H   Wh.  S6S: 
Conestoga    Bridge,    150    Pa.    ~>)l:    Frecmansburg    Bridge,    19    Pa.    V.    C.   588. 

1884.  Whenever  any  public  road  or  highway  crosses  any  river. 
creek,  or  rivulet  over  which  any  bridge  has  been  heretofore  or  may 
hereafter  be  erected,  and  ii  becomes  accessary  to  erect  a  new  bridge 
to  take  ihe  place  of  the  existing  bridge  over  such  river,  creek,  or  rivu 
let,  and  the  erection  of  such  bridge  requires  more  expense  than  ii  is 
reasonable  thai  one  or  two  or  more  adjoining  townships  or  boroughs 
should  bear,  the  couri  of  quarter  sessions  of  the  peace  of  the  proper 
county,  on  the  petition  of  any  of  the  inhabitants  of  such  township, 
townships,  or  boroughs,  as  aforesaid,  shall  order  a  view  in  the  manner 
provided  for  in  the  ease  of  roads:  and  if.  on  the  report  of  viewers,  it 
shall  appear  to  the  court,  grand  jury,  and  commissioners  of  the  county 
that  such  bridge  is  necessary,  and  its  erection  would  be  too  expensive 
for  such  township,  townships,  or  boroughs,  as  aforesaid,  to  hear,  it 
shad  be  entered  on  record  as  a  county  bridge.  Such  viewers  shall 
have  power,  by  virtue  of  their  appointment,  to  change  the  location  of 
such  bridge  so  that  the  same  may  be  located  and  erected  in  the  most 
suitable  place,  or  at  the  least  expense,  or  in  the  best  manner;  and  m 
case  of  the  change  of  location  of  such  bridge,  shall  also  report  what 
change  in  the  course  or  Wed  of  the  road  to  be  connected  therewith 
will  he  necessary,  and  shall  also  report  the  vacation  of  the  old  or  ex- 
isting bridge,  and  the  vacation  of  such  portion  of  the  road  connecting 
therewith  as  they  may  deem  proper.  And  upon  the  approval  of  then- 
report,  as  aforesaid,  such  roads  shall  be  altered  accordingly. 

Sec.  1,  Act  of  May  8,  1909,  P.  I,.  494. 

Under  this  act  viewers  are  authorized  to  (1)  relocate  the  bridge,  CM 
vacate  the  old  bridge,  (3)  vacate  such  portion  of  the  road  connecting  there- 
with as  they  may  deem  proper;  but  ii  is  only  in  cases  of  relocation  of  the 
bridge  that  they  can  exercise  the  power  cf  vacating  the  old  bridge  and  road 
connecting  therewith  or  change  the  course  or  bed  thereof:  Bethlehem  Inter 
County  Road,  23  D.  R.  818;  s.  c.  1 ',  North  C.  /.'.  73 

The  power  conferred  upon  viewers  to  change  the  course  or  bed  of  the  road 
for  a  county  bridge  necessarily  implies  the  right  to  take  private  propert} 
fur  that  purpose,  upon  making  compensation  therefor:  Bethlehem  Inter 
Count!.'  Bridge,  23  I>.  R.  818;  s.  c.  U,  North.  C.  R.  73. 

When    a   township    road    has   become   a   state    road    under    the    provisions    of 
the  act  of  May  31,  1911,  1*.  L.  468,  it  is  the  duty  of  the  State  Highway  De- 
partment   t"   build  or   rebuild   any   township   bridges   that   form    part  of  sue] 
highway:     Pim    Creek   Township  Bridge,  .' j  D.  R.    \01. 

1885.  When  any  river,  creek  or  rivulet,  forming  the  boundry  be- 
tween any  borough  and  township  of  the  tirst  or  second  class,  over 
which  it  may  be  necessary  to  erect  a  bridge,  crosses  a  public  road  or 
highway,  and  the  erection  of  such  bridge  retinites  more  expense  than 
-it  is  reasonable  that  such  borough  and  township  should  bear,  the  court 
of  quarter  sessions  of  the  proper  county,  on  the  petition  of  any  of  the 


390 

inhabitants  of  such  borough  or  township,  shall  order  a  view,  in  the 
manner  now  provided  by  Law  in  the  case  of  roads;  and  if,  by  the  re- 
port of  the  viewers,  it  shall  appear  to  the  court,  grand  jury  and  com- 
missioners of  the  county  that  such  bridge  is  necessary,  and  its  erec- 
tion would  be  too  expensive  for  such  borough  and  township  to  bear, 
it  shall  be  entered  on  record  as  a  comity  bridge;  and  the  cost  of  its 
construction,  erection  and  maintenance  shall  be  borne  by  the  county. 

Sec.  1,  Act  of  March  24,  1905,  P.  L.  50. 

Viewers  appointed  in  proceedings  begun  under  the  provisions  of  this  act 
are  not  authorized  to  change  the  location  of  a  bridge,  vacate  any  road  or  ap- 
proaches thereto  or  lay  out  a  new  road:     Char'tiers  Creek  Bridge,  37  Super. 

Ct.  281. 

1880.  Where  a  river,  creek  or  rivulet,  over  which  it  may  be  neces- 
sary to  erect  a  bridge,  crosses  a  public  road  or  highway,  and  the  erect- 
ing of  such  bridge  requires  the  erection  and  construction  of  an  em- 
bankment or  causeway  leading  to  either  end  of  said  bridge,  the  erec- 
tion of  whijsh  embankment  or  causeway  requires  more  expense  than  it 
is  reasonable  that  one  or  two  adjoining  townships  should  bear,  the 
court  having  jurisdiction  shall,  upon  the  representation  of  the  super- 
visors, or  on  the  petition  of  any  of  the  inhabitants  of  the  respective 
townships,  order  a  view  in  the  manner  provided  for  in  case  of  roads, 
one  of  the  viewrers  to  be  a  practical  engineer;  and  if  on  the  report  of 
the  viewers  it  shall  appear  to  the  court  that  for  the  use  and  enjoyment 
of  said  bridge  by  the  public,  it  is  necessary  to  erect  and  construct  an 
embankment  or  causeway  as  aforesaid,  the  erection  and  construction 
of  which  would  be  too  expensive  for  such  township  or  townships,  to 
bear,  it  shall  be  entered  on  record  as  a  county  improvement,  and  con- 
structed as  county  bridges  are  erected. 

Sec.  1,  Act  of  April  15.  1869,  P.  L.  4G. 

1887.  Viewers  of  the  site  of  a  bridge  appointed  as  aforesaid,  shall 
have  authority  by  virtue  of  their  appointment,  to  report  also  Whether 
any  change  in  the  course  or  bed  of  the  road  to  be  connected  therewith, 
will  be  necessary,  in  order  to  the  erection  of  such  bridge  at  the  most 
suitable  place,  or  at  the  least  expense,  or  in  the  best  manner ;  and  the 
same  being  approved  by  a  majority  of  the  commissi  oners  of  the  coun- 
ty, and  also  by  the  court,  such  road  shall  be  altered  accordingly. 

Sec.  37.   Act  of  June  13,   1836,   P.  L.  55.1. 

The  order  issued  in  proceedings  under  this  section  should  be  a  double  one 
directing  the  viewers  to  ascertain  whether  the  bridge  is  necessary  and  the 
expense  too  great  for  the  district  to  bear,  and  whether  a  change  in  the  bed 
of  the  road  is  necessary:  Mill  Creek  Bridge,  17  D.<R.  891;  Bridge  over 
Snrithfield  ('reel..  6  Wh.  -Ui.i ;  Conestoga  Bridge,  150  Pa.  541;  Freemans- 
burg   Bridge,   IV  /'</.   C.  C.  588. 


391 

1888.  Provided.  nevertheless,  Thai  the  viewers  shall  cause  ever} 
such  variation  to  be  accurately  surveyed,  and  i  plot  thereof  to  be 
made  and  returned  with  their  report. 

Sec.  38,  Act  of  June  13,   1836,  P.  F,.  551. 

1889.  It  shall  be  the  duly  of  the  county  commissioners  of  the 
several  counties  of  this  commonwealth,  to  re-build  and  re-constiucl 
all  bridges  heretofore  built  or  thai  may  hereafter  be  erected  by  the 
county  commissioners  of  any  of  the  counties  of  this  commonwealth, 
whether  the  same  have  been  or  shall  be  constructed  under  the  general 
laws  of  this  Commonwealth  relating  to  roads  and  bridges  or  under 
any  special  act  of  assembly  for  thai  purpose;  whenever  any  such 
bridge  has  been  or  shall  hereafter  be  blown  down,  destroyed,  partial- 
ly destroyed  or  swept  away  by  Hoods,  freshets,  ice,  storm,  fire,  or 
other  casualty,  at  the  expense  of  the  county  wherein  such  bridge  was 
located;  and  it  shall  be  the  duty  of  the  county  commissioners  of  the 
respective  counties  to  pay  the  expenses  of  rebuilding  any  such 
bridges  out  of  the  county  treasury  in  the  usual  manner:  Provided, 
That  after  the  completion  of  any  such  bridge,  it  shall  be  subject  to 
view  and  inspection,  as  is  provided  for  in  the  act  to  which  this  is  a 
supplement. 

Sec.  1,  Act  of  May  5,  1876,  P.  L.  11L\  supplementing  Act  of  June  13,  1836, 
P.  L.  551. 

The  words  "other  casualty"   in   this   acl    include  the  case  of  a  bridge  wh'.ch 
was  broken   down  by  rlie  weighl   of  a  team   and  wagon   lead  i  E  hay.     These 
words  refer  to  any  sudcYn   destruction  of  the  bridge  causing  absolute  inter- 
ruption   of   travel:     Com.    ex    rel.    v.    Northampton    County    Commissio 
19  IK  R.  201. 

A  substantially  new  county  bridge  cannot  be  built  by  county  commis- 
sioners without  the  sanction  of  a  report  of  -viewers,  approval  of  grand  jury 
and  court,  when  the  bridge  was  not  destroyed  by  some  sudden  <r  violent 
casualty,  but  its  destruction  was  the  result  of  gradual  disintegration  and 
decay:      Com.    ex    rel    Shimer    v.    Commissioners    of    Northampton    County 

Xnrth.    C.    /.'.     23. 

LSftO.  For  the  purpose  of  carrying  into  effect  the  provisions  of 
tin's  act,  the  county  commissioners  of  the  respective  counties  of  this 
Commonwealth  are  hereby  authorized  to  borrow  any  sum  of  money 
not  exceeding  the  constitutional  limitations,  if  necessary,  for  the 
purposes  aforesaid,  at  a  rate  of  interesl  not  exceeding  six  per  cent- 
um, and  to  issue  bonds  therefor  in  sums  not  exceeding  five  hundred 
dollars  each. 

Sec.  2,  Act  of  May  5,  1876.  P.  L.  1 12. 

1891.  The  several  counties  of  this  Commonwealth  are  hereby  au- 
thorized and  empowered, — whenever  the  county  commissioners  of 
such  county,  or  a  majority  of  them,  shall,  by  resolution,  decide  so 


to  do,  and  upon  the  approval  thereof  by  ;i  grand  jury  and  by  the 
court  of  quarter  sessions  in  the  manner  hereinafter  provided, — to 
locate,  lay  out,  open,  construct,  and  maintain  public  bridges,  whether 
wholly  or  partly  within  any  city,  borough,  or  township  therein,  across 
any  river  or  stream  dividing  or  separating  any  part  of  said  county 
from  any  other  part  thereof;  together  with  such  bridge  approaches, 
viaduct,  or  other  approaches  as  the  county  commissioners,  or  a 
majority  of  them,  may  in  their  judgment  deem  necessary  or  conven- 
ient for  the  purpose  of  connecting  any  such  bridge  with  the  existing 
streets  or  public  roads  in  such  cities,  boroughs,  or  townships;  and, 
to  that  end,  to  take,  enter  upon,  and  appropriate  property  and  rights 
of  property  of  all  kinds,  whether  devoted  to  a  public  or  private  use, 
for  the  purposes  aforesaid,  and  for  the  necessary  slopes,  piers,  walls, 
abutments,  tills,  and  embankments;  and  to  enter  upon  or  over  any 
street,  public  highway,  or  public  road,  in  such  cities,  boroughs,  or 
Townships  in  the  manner  hereinafter  provided. 

Sec.  1.  Act  «  f  May  24.  1917,  P.  L.  276. 

181)2.  Whenever  the  county  commissioners  of  any  county  shall 
resolve  to  exercise  any  of  the  powers  conferred  by  section  one  hereof, 
they  shall  cause  to  be  prepared  plans  and  surveys  showing  the  loca- 
tion of  the  proposed  bridge  and  its  approaches,  and  the  property  or 
rights  of  property  affected  thereby,  together  with  any  streets  or  pub- 
lic roads  in  any  city,  borough,  or  township  proposed  to  be  used  in 
connection  therewith-  and  they  shall  present  the  same,  together  with 
their  petition  on  behalf  of  said  county,  to  the  court  of  quarter  ses- 
sions of  such  county,  praying  for  authority  to  locate,  lay  out,  open, 
and  construct  the  same;  which  petition  shall  briefly  describe  the 
location  and  the  estimated  cost  thereof,  or,  if  the  method  of  construc- 
tion has  not  been  fully  determined,  the  estimated  cost  thereof  for 
each  alternative  method  of  construction  proposed. 

Upon  the  filing  of  any  such  application  or  petition,  the  court  shall 
fix  a  time  for  the  hearing  of  the  same  (by,  and  refer  the  same  to,  the 
the  grand  jury.  Notice  of  the  time,  place,  and  purpose  of  said 
hearing  shall  be  given  by  an  advertisement,  published  once  a  week 
for  three  successive  weeks,  in  at  least  one  newspaper  of  general  circu- 
lation in  such  county,  and  by  handbills  posted  in  conspicuous  places 
along  or  in  the  neighborhood  of  the  proposed  bridge  and  its  ap- 
proaches, or  otherwise  as  the  court  slmll  direct,  having  regard  to  the 
circumstances  of  the  case. 

If  the  grand  jury  by  a  majority  vote  shall  approve  said  applica- 
tion or  petition,  it  shall  thereupon  certify  its  approval  to  said  court ;.; 
whereupon  the  court  shall  make  an  order  fixing  a  time,  not  less  than 
ten  days  thereafter,  for  the  filing  of  exceptions  thereto.  Upon  the 
hearing  thereof  the  court  may,  for  proper  cause  shown,  disapprove 


of  said  application  ;*  otherwise,  it  shall  make  an  order  approving  the 
location,  and  the  plans  and  Burveys  therefor,  and  authorize  such 
county  to  construct  such  bridge  and  its  approaches,  and  to  Ie1  ;i  con 
trad  <>r  contracts  therefor,  under  specifications  to  be  prepared  in 
the  county  engineer  or  other  proper  county  authority ;  and  thereupou 
the  said  bridge  and  its  approaches  shall  be  deemed  to  be  laid  out  and 
opened  in  accordance  with  the  surveys  and  plans  accompanying  said 
petition. 

Where  the  proposed  bridge  crosses  any  navigable  stream  or  other 
public  water,  or  the  property,  rights  of  property,  <>v  rights  of  way  of 
any  railroad  or  other  public  service  corporation,  and,  by  reason  there 
Of,  Ihe  approval  of  any  Stale  or  Federal  officer,  board,  or  body  i^ 
required  as  to  the  location  and  construction  of  such  a  bridge  or  its 
approaches,  such  county  shall  be  denned  to  have  full  and  complete 
authority  to  construd  such  bridge  in  such  other  location  and  in  such 
other  manner  as  may  be  accessary  to  comply  with  the  conditions  pre 
scribed  by  such  officer1,  hoard  or  body  in  granting  such  approval: 
Provided,  The  county  commissioners  of  such  county  be  of  the  opinion, 
and  by  resolution  duly  adopted  by  a  majority  vote  so  decide,  that  the 
bridge  as  thus  changed  is  accessary  for  the  convenience  of  the  travel 
ing  puiblic,  and  will  accommodate  substantially  the  same  traveling 
public  as  the  bridge  would  have  done  if  it  had  been  constructed  at 
the  location  and  in  the  manner  originally  provided.  Upon  the  adop- 
tion of  any  such  resolution,  and  prior  to  the  construction  of  such 
bridge,  and  the  entry  upon  and  taking  of  property  for  that  purpose, 
such  county,  through  its  county  commissioners,  shall  present  its  peti- 
tion to  the  court  of  quarter  sessions  of  said  county,  briefly  setting 
forth  the  facts  as  to  the  obtaining  of  such  approval,  and  the  changes 
made  in  consequence  thereof,  and  the  adoption  of  such  resolution,  to 
gether  with  plans  and  surveys  showing  the  new  location  and  manner 
of  construction  and  an  estimate  showing  the  cost  of  the  construction 
of  such  bridge  as  thus  changed,  and  if  the  proceedings  shall  appea  ■ 
to  be  regular,  the  court  shall  make  an  order  fixing  a  time,  not  less 
than  twenty  days  thereafter,  for  the  tiling  of  exceptions  thereto.  No- 
t ice  of  the  time  and  place  of  hearing  on  said  exceptions  shall  be  given 
by  advertisement,  published  once  a  week  for  two  successive  weeks, 
in  at  least  two  newspapers  of  general  circulation  in  such  county,  and 
by  handbills  posted  in  conspicuous  places  along  or  in  the  neighbor- 
hood of  the  proposed  bridge  and  its  approaches,  or  otherwise  as  the 
court  shall  direct,  having  regard  to  the  circumstances  of  the  case. 
Upon  the  hearing  thereof  the  court  may.  for  proper  cause  shown, 
disapprove  of  said  petition;  otherwise,  it  shall  thereupon  make  a  de 
cree  authorizing  and  empowering  said  county  to  construct  such 
bridge  in  accordance  with  such   new    plans  and   surveys,  and   there 


394 

upon  such  bridge  shall  be  deemed  to  have  been  laid  out  and  opened 
in  accordance  with  such  plans  and  surveys.  The  provisions  of  this 
act  shall  apply  to  proceedings  now  pending,  as  well  as  those  here- 
after begun. 

Sec.  2,  Act  of  May  L'4,  1917,  P.  P.  276,  as  amended  by  Sec.  1,  Act  of  June 
7,   Utlit.   P.    L.   414. 

L893.  For  the  purpose  of  making  the  necessary  preliminary  sur- 
veys, in  order  to  prepare  said  plans  and  estimates,  the  county  com- 
missioners of  the  several  counties  and  the  persons  by  them  employed 
for  such  purpose  shall  have  the  right  to  enter  upon  private  or  public 
property,  and  to  designate  by  proper  marks  upon  the  ground  the 
line  and  location  of  any  such  proposed  bridges  and  approaches. 

Sec.  3,  Act  of  May  24,  1917,  P.  L.  276. 

1891.  The  county  commissioners,  pursuant  to  a  resolution  duly 
adopted  by  a  majority  of  the  board,  may  agree  with  the  owners  of 
property,  rights  of  property,  or  rights  of  way  of  any  railroad  or 
any  public  service  corporation,  affected  thereby,  as  to  the  amount 
of  damages  occasioned  to  any  person  for  property  taken,  injured. 
or  destroyed  for  the  purposes  aforesaid;  which  agreement  the  county 
commisssioners  shall  report  to  the  court  of  quarter  sessions  of  said 
cpunty,  and  upon  the  approval  thereof  by  such  court,  such  damages 
shall  be  payable  by  the  county  out  of  the  general  county  funds  or 
other  funds  provided  for  that  purpose. 

Sec.  4,  Act  of  May  24,  1917,  P.  L.  276,  as  amended  by  Sec  2,  An  of  June 
7.  1919,  P.  L.  414. 

1895.  In  case  the  compensation  for  the  damages  has  not  been 
agreed  upon,  any  court  of  common  pleas  of  the  proper  county,  or  any 
law  judge  thereof  in  vacation,  on  application  thereto  by  petition 
by  said  county  or  any  person  interested,  shall  appoint  three  discreet 
and  disinterested  freeholders  as  viewers,  and  appoint  a  time,  not 
less  than  twenty  nor  more  than  thirty  days  thereafter,  when  said 
viewers  shall  meet  upon  the  line  of  the  proposed  bridge  and  its  ap- 
proaches, and  view  the  same  and  the  premises  affected  thereby.  The 
said  viewers  shall  give  at  least  ten  days'  notice  of  the  time  of  their 
first  meeting,  by  publication  in  one  or  more  newspapers  of  the  county 
in  which  it  is  situate,  and  by  handbills  posted  in  conspicuous  places 
in  the  vicinity  of  the  proposed  bridge  and  its  approaches,  or  other- 
wise as  the  said  court  shall  direct,  having  due  regard  to  the  cir- 
cumstances  of  the  case. 

Sec.  5,  An   of  May  24,   1917.  P.  L.  276. 

1896.  The  said  viewers,  having  been  duly  sworn  or  affirmed  faith- 
fully, justly,  and  impartially  to  decide  and  true  report  to  make  con- 


395 


cerning  all  matters  and  things  to  l>e  submitted  to  them,  ami  in 
relation  to  which  they  arc  authorized  to  inquire  in  pursuance  of  the 
provisions  of  tliis  act  :  and.  having  viewed  the  premises  and  examin- 
ed the  property  connected  with  and  atfected  by  the  proposed  bridge 
and  its  approaches,  shall  hear  all  parties  interested  and  their  wit- 
nesses; and,  having  a  due  regard  1<»,  and  making  just  allowance  for, 
the  advantages  which  may  have  resulted,  or  which  may  seem  likely 
to  result,  to  the  owner  or  owners  of  said  lands  or  materials,  in  con 
sequence  of  the  locating,  laying  out,  opening,  maintenance,  and  con- 
struction of  said  bridge  and  its  approaches,  shall  estimate  and  deter- 
mine the  damages  for  property  taken,  injured,  or  destroyed,  and  to 
whom  the  same  is  payable;  and.  having  so  estimated  and  determined 
the  damages,  they  shall  prepare  a  schedule  thereof,  and  give  notice 
to  all  parties  to  whom  damages  are  allowed  of  a  time,  not  less  than 
ten  days  thereafter,  and  of  a  place  where  said  viewers  shall  meet  and 
exhibit  said  schedule,  and  hear  all  exceptions  thereto  and  evidence. 
Notice  of  the  time  and  place  of  said  meeting  shall  be  given,  in  the 
manner  provided  by  law  for  the  service  of  summons  in  a  personal 
action,  upon  all  parties  allowed  damages  as  shown  by  said  schedule, 
if  the  said  parties  can  be  found  in  the  county;  or  upon  an  adult 
person,  if  any,  residing  upon  the  property  affected,  in  case  the  owner 
or  reputed  owner  cannot  be  found;  and,  to  all  others,  by  publica- 
tion in  the  newspaper  or  newspapers  in  which  the  first  notices  of 
said  view  were  published.  When  no  service  is  made  upon  the  owner. 
reputed  owner,  or  upon  an  adult  person  residing  upon  the  property 
affected,  said  notice,  where  publication  thereof  has  also  been  made, 
shall  be  deemed  to  have  been  property  served  if  tacked  or  conspicuous- 
ly posted  on  the  premises.  The  court  may  provide  by  whom  the 
notice  provided  by  this  act  shall  be  posted,  given,  and  served,  and 
fix  the  compensation  for  said  service.  After  making  whatever 
changes  are  deemed  necessary,  the  said  viewers  shall  make  report 
to  the  court,  showing  the  damages  allowed  in  each  case,  and  file 
therewith  a  plan  showing  the  improvement  and  the  properties  taken, 
injured,  or  destroyed.  When  said  report  is  tiled,  notice  thereof  shall 
be  given  by  publication  once  in  the  newspaper  or  newspapers  in 
which  first  notices  of  said  view  were  published.  Said  notice  shall 
state  the  date  of  filing  of  the  report,  and  shall  contain  a  schedule 
of  the  damages  shown  therein;  and  shall  further  state  that,  unless 
exceptions  thereto  be  filed  within  thirty  days  from  the  date  of  tiling. 
the  said  report  will  be  confirmed  absolutely. 

Se«  .  •;.  Act  of  May  24,  1917,  P.  L.  270. 

1897.     The  viewers  provided  for   in    this   act    may   be  appointed 
either  before  or  at  any  time  after  the  entry  upon,  taking,  appropria- 


*-*< 


tion,  or  injuring  of  any  property  for  said  purposes.  The  cost  of 
said  viewers  and  all  court  costs  incurred,  including  all  advertising 
and  notices  in  connection  therewith,  shall  be  paid  by  such  county; 
and  each  of  said  viewers  shall  be  entitled  as  compensation,  unless 
otherwise  provided  by  law,  to  a  sum  not  exceeding  live  dollars  per 
day  for  each  and  every  day  necessarily  employed  in  the  performance 
of  the  duties  herein  prescribed. 

Sec.  7,  Act  of  May  24,  1917,  P.  L.  276. 

1898.  In  all  cases  where  the  parties  have  not  agreed  upon  the 
amount  of  damages  claimed,  or  where,  by  reason  of  the  absence  or 
legal  incapacity  of  the  owner  or  owners,  no  such  agreement  can  be 
made  for  the  lands,  property,  or  materials,  to  be  taken,  occupied, 
or  injured,  such  county  may  tender  sufficient  security  to  the  party 
claiming  or  entitled  to  any  damages,  or  to  the  attorney  or  agent  of 
any  person  absent,  or  to  the  agent  or  other  officers  of  a  corporation, 
or  to  the  guardian  or  committee  of  any  one  under  legal  incapacity; 
the  conditions  of  which  shall  be  that  the  said  county  shall  pay  or 
cause  to  be  paid  such  amount  of  damages  as  the  party  shall  be  en- 
titled to  receive,  after  the  same  shall  have  been  agreed  upon  by  the 
parties  or  assessed  in  the  manner  provided  for  in  this  act.  In  case 
the  party  or  parties  claiming  damages  refuse  or  do  not  accept  the 
security  so  tendered,  the  said  county  shall  then  give  the  party,  his 
or  their  agent,  attorney,  guardian,  or  committee,  a  written  notice  of 
the  time  when  the  same  will  be  presented  for  filing  in  the  court.;  and 
thereafter  the  said  county  may  present  said  security  to  the  court  of 
common  pleas  of  the  county  where  the  lands  or  other  property  are 
situated,  and,  if  approved,  the  security  shall  be  filed  in  said  court 
for  the  benefit  of  those  interested,  and  recovery  may  be  had  thereon 
for  the  amount  of  damages  assessed,  if  the  same  be  not  paid  or  can- 
not, be  made  by  execution  on  the  judgment  in  the  issue  formed  to 
1  ry  the  question,  and,  upon  the  approval  of  said  security,  said  county 
may  proceed  with  the  improvement. 

Sec.  S,  Act  of  May  24.  1!)17,  P.  P.  270. 

1890.  Upon  the  report  of  said  viewers,  or  any  two  of  them,  being 
tiled  in  said  court,  any  party  interested,  may,  within  thirty  days 
thereafter,  file  exceptions  to  the  same;  and  the  court  shall  have 
power  to  confirm  said  report,  or  to  modify,  change,  or  otherwise  cor- 
rect the  same,  or  refer  the  same  back  to  the  same  or  new  viewers, 
with  like  power  as  to  their  report.  When  said  report  is  first  tiled  in 
court  the  prothonotary  thereof  shall  mark  the  same  "confimed  nisi,'1 
and,  in  case  no  exceptions  are  filed  thereto  within  said  thirty  days, 
he  shall  enter  a  decree  (as  of  course)  that  said  report  is  confirmed 
absolutely.    Within  thirty  days  after  the  confirmation,  modification, 


397 

changing,  or  correcting  of  s;ii<l  report,  any  interested  party  may 
appeal  from. said  decree  to  the  superior  Court  or  to  the  Supreme 
Court,  as  the  case  may  be.  And  within  thirty  days  after  said  report 
is  tiled  in  court,  as  aforesaid,  such  county,  and  any  party  whose  pro- 
perty is  taken,  injured,  or  destroyed,  may  appeal  to  tin-  court  of 
common  pleas,  and  demand  a  trial  by  jury  according  to  the  course  of 
the  common  law.  livery  appellant  shall  state  in  the  appeal  the 
grounds  upon  or  for  which  the  appeal  is  taken,  and  the  same  shall  be 
signed  by  the  party  or  parties  taking  the  appeal,  or  by  his  or  their 
agent  or  attorney;  and  shall  be  accompanied  by  an  affidavit  of  the 
party  appellant,  or  of  his  or  their  agent  or  attorney  that  the  appeal 
is  not;  taken  for  the  purpose  of  delay,  hut.  because  the  appellant 
firmly  believes  that  injustice  has  been  done.  In  case  the  party 
appellant  does  not  obtain  a  verdict  more  favorable  than  was  the 
report  of  the  viewers,  as  finally  confirmed,  modi  tied,  or  changed, 
the  said  appellant  shall  not  recover  any  costs  on  the  appeal.  The 
said  court  of  common  pleas  shall  have  power  to  order  what  notices 
shall  be  given  in  connection  with  any  part  of  said  proceedings,  and 
make  all  such  orders  as  it  may  deem  requisite,  and  may,  by  rule  or 
otherwise,  prescribe  the  form  of  the  pleadings.  After  verdict  and 
final  judgment  either  party  may  have  an  appeal  to  the  Superior  or 
Supreme  Court,  as  in  other  cases. 

Sec.  !>.  Act  of  May  24,   till 7.  P.  L.  276. 

1900.  In  case  the  county  commissioners,  or  a  majority  of  them. 
of  any  such  county,  shall  repeal  or  rescind  any  resolution  passed,  or 
discontinue  any  proceeding  taken,  providing  for  any  such  bridge  or 
its  approaches,  prior  to  the  entry  upon,  taking,  appropriation,  or 
injury  to  any  property  or  materials,  and  within  thirty  days  after  the 
filing  of  the  report  of  viewers  assessing  damages,  the  said  county 
shall  not  thereafter  be  liable  to  pay  any  damages  which  have  been  or 
might  have  been  assessed,  but  all  costs  upon  any  proceedings  had 
thereon  shall  be  paid  by  said  county,  together  with  any  actual  dam- 
age, loss,  or  injury  sustained  by  reason  of  such  proceedings. 

Sec.  to.  Acl  of  May  24,  1!)17.  P.  L.  276. 

19(11.  All  damages  found,  agreed  upon,  or  awarded  for  or  on 
account,  of  the  location,  laying  out,  opening,  and  construction  of 
any  such  public  bridge,  and  its  approaches  and  appurtenances,  and 
all  costs  and  expenses  incurred  in  connection  therewith,  shall  be 
paid  by  such  county,  out  of  the  general  county  funds,  or  from  such 
other  funds  as  may  be  set  apart  or  appropriated  for  thai  purpose. 

Sec.  11,  Act  of  May  24.  1917,  P.  L.  270. 


398 

1902.  Upon  the  npproval  of  any  application  to  construct  any 
such  bridge,  and  its  approaches  and  other  appurtenances,  the  county 
commissioners  of  such  county  are  authorized  and  empowered  to  ad- 
vertise and  solicit  proposals  for  the  construction  thereof,  in  the 
manner  provided  by  law  for  the  letting  of  county  contracts,  and  to 
let  a  contract  or  contracts  therefor  to  the  lowest  responsible  bidder. 
]S'o  contract  shall  be  awarded  for  any  such  work  unless  proper  se- 
curity shall  be  given  for  the  faithful  performance  thereof  by  the 
person  or  persons  to  whom  the  contract  shall  be  awarded,  with  proper 
surety,  to  be  approved  by  the  county  commissioners  of  such  county, 
which  surety  shall  be  equal  in  amount  to  at  least  fifty  per  cent  of 
the  contract  price  therefor. 

Sec.  12.  Act  of  May  24,  1917,  P.  L.  276. 

1903.  The  several  counties,  through  their  county  commissioners 
or  a  majority  of  them,  are  hereby  authorized  and  empowered  to  make 
and  enter  into  contracts  or  leases  with  any  street-railway,  telegraph, 
telephone,  or  corporation,  or  persons,  desiring  to  make  use  of  said 
bridge  and  its  approaches  for  other  than  ordinary  public  foot  or 
vehicle  traffic,  and  with  the  successors  and  assigns  of  such  companies 
for  the  concurrent  use  of  such  portion  of  said  public  bridge  and  ap- 
proaches as  shall  not  substantially  impair  or  restrict  the  public  use 
and  enjoyment  thereof,  upon  such  terms  and  conditions  as  shall  be 
agreed  upon,  or  to  charge  tolls  or  rentals  for  such  special  use;  but 
no  such  contract  or  lease  shall  be  entered  into  for  a  longer  period 
than  twenty  years ;  and  no  such  contract  or  lease  shall  be  entered 
into  by  any  such  county  unless  such  contract  or  lease  shall  be  first 
approved  by  the  Public  Service  Commission  of  this  Commonwealth. 

Sec.  13,  Act  of  May  24,  1917,  P.  L.  276. 

1904.  The  several  counties  of  this  Commonwealth  are  hereby 
authorized  and  empowered  to  appropriate,  and  pay  out  of  the  general 
county  funds,  all  moneys  necessary  for  said  purposes ;  and  to  levy, 
assess,  and  collect  taxes,  for  the  purposes  aforesaid,  on  all  real 
and  personal  property  within  said  county  now  or  hereafter  taxable 
for  county  purposes,  in  addition  to  all  other  taxes. 

Sec.  14,  Act  of  May  24.  1917,  P.  L.  276. 

1905.  The  several  counties  are  further  authorized  and  empowered 
pursuant  to  a.  resolution  adopted  for  that  purpose  by  a  majority 
of  the  county  commissioners  of  such  county,  to  borrow  money  and 
to  incur  indebtedness  for  the  purposes  aforesaid,  to  an  amount  not 
exceeding  the  limit  of  indebtedness  prescribed  by  the  Constitution 
of  this  Commonwealth,  in  compliance  with  the  laws  regulating  the 
manner  of  increasing  such  indebtedness,  and  also  to  fund  any  indebt- 


300 

edness  incurred  for  the  purposes  aforesaid;  and  to  issue.  ;is  evidences 
of  such  indebtedness,  registered  ;ni<l  coupon  bonds,  or  either  of  them, 
payable  within  thirty  years  from  the  date  of  their  issue,  and  bear- 
ing interest  at  a  rate  not  exceeding  six  per  centum  per  annum,  paj 
able  semi-annually,  which  bonds  shall  not  be  sold  at  less  than  their 
par  value  and  accrued  interest;  and  to  levy  and  collect  taxes  ou  all 
taxable  property  in  such  county,  in  addition  to  all  other  taxes,  for 
the  purpose  of  paying  such  indebtedness  and  interest  thereon.  Any 
county  incurring  such  indebtedness  shall,  at  or  before  the  time  of 
incurring  the  same,  make  provision  for  a  sinking-fund  to  pay  at 
maturity  all  indebtedness  so  incurred  and  interest  thereon. 

Sec  lf>.  Ad   of  May  24,    1917,   P.  L.  276,  as  amended  by  Sec.  :;.   A.-i    of 
June  7.  1919,  P.  L.  414. 

1906.  Should  any  board  of  county  commissioners,  in  the  exer- 
cise of  the  powers  herein  conferred,  deem  it  necessary  or  advisable, 
to  enter  upon  any  street  or  public  highway  in  any  city  or  borough, 
or  to  take  any  other  action  affecting  the  property,  rights,  or  author- 
ity of  any  such  city  or  borough,  for  the  purpose  of  constructing  or 
maintaining  any  such  bridge,  with  its  approaches  and  other  ap 
purtenances,  or  otherwise,  the  consent  therto  of  such  city  or  borough. 
by  ordinance,  shall  be  first  had  and  obtained. 

Sec.  16,  Act  of  May  24,  1917,  P.  L.  276. 

1007.  Any  city  or  borough,  wherein  any  such  bridge  is  pro- 
posed to  be  located  or  erected,  shall  have  the  power  and  authority 
to  agree  with  said  county  to  bear  a  portion  of  the  cost  of  the  loca- 
ting, laying  out,  opening,  and  construction  of  any  such  bridge  and 
its  approaches  and  appurtenances,  and  to  provide  the  approach  there- 
for  within  the  limits  of  the  respective  city  or  borough,  and  to  bear 
the  cost  of  the  maintenance  of  any  approach  within  the  respective 
city  or  borough,  as  shall  be  agreed  upon  between  any  such  county, 
city,  or  borough.  All  such  agreements  shall  be  entered  into  in  writ 
ing,  and  at  least  one  executed  copy  shall  be  furnished  to  each  county, 
city,  and  borough  becoming  a  party  thereto. 

Sec.  17.  Act  of  May  24,  1917,  P.  L.  276. 

1008.  Any  bridge  erected  under  the  terms  of  this  act  shall  be  a 
county  bridge,  and  the  duty  of  maintaining  the  same  shall,  except  as 
otherwise  herein  provided,  devolve  upon  such  county,  and  the  ex- 
pense thereof  shall  be  paid  out  of  the  general  county  funds  provided 
lor  that  purpose. 

Sec.  18,  Act  of  May  24,  1917,  P.  L.  276. 


400 

1900.  Whenever  different  parts  of  any  city  within  any  county  of 
(his  Commonwealth,  or  any  part  of  such  city  and  any  township 
bordering  thereon,  are  separated  therefrom  by  any  intervening  valley 
or  ravine,  and  the  county  commissioners  of  such  county,  or  a  major- 
ity of  them,  shall,  by  resoultion,  deem  it  expedient  and  necessary 
that  such  city  construct  a  public  bridge  for  the  purpose  of  connecting 
the  territories  thus  separated,  and  that  such  bridge  will  be  of  sub- 
stantial advantage  and  benefit  to  the  taxable  inhabitants  of  the  town- 
ship bordering  hereon  or  townships  adjacent  thereto,  and  that  it  is 
reasonable  and  proper  that  such  county  participate  with  such  city 
in  the  cost  and  expense  of  the  laying  out  and  construction  of  such 
bridge, — then,  in  that  event,  such  county  shall  have  the  power  to  con- 
tract with  such  city  for  the  laying  out  and  construction  by  such  city 
of  such  bridge,  and  to  pay  to  such  city  such  portion  of  the  cost  thereof 
as  the  county  commissioners  shall  deem  reasonable  and  proper  and 
shall  agree  to  pay,  and  to  appropriate  money,  levy  taxes,  and  to 
incur  indebtedness  therefor. 

Sec.  1.  Act  cf  July  8.  1010.  P.  L.  761. 

1910.  The  several  counties  are  further  authorized  and  empowered, 
pursuant  to  a  resolution  adopted  for  that  purpose  by  a  majority  of 
the  county  commissioners  of  such  county,  to  borrow  money  and  to 
incur  indebtedness,  for  the  purposes  aforesaid,  to  an  amount  not  in 
excess  of  the  limit  prescribed  by  the  Constitution  of  this  Common- 
wealth and  in  compliance  with  the  acts  regulating  the  manner  of 
increasing  indebtedness ;  and  also  to  fund  any  indebtedness  incurred 
for  the  purposes  aforesaid,  and  to  issue  as  evidences  of  such  indebt- 
edness registered  or  coupon  bonds,  or  either  of  them,  payable  within 
thirty  years  from  the  date  of  their  issue  and  bearing  interest  at  a 
rate  not  exceeding  six  per  centum  per  annum  payable  semi-annually, 
which  bonds  shall  not  be  sold  at  less  than  par  and  accrued  interest: 
and  to  levy  taxes  on  all  taxable  property  in  such  county,  in  addition 
to  all  other  taxes,  for  the  purpose  of  paying  such  indebtedness  and 
interest  thereon.  Any  county  incurring  such  indebtedness  shall,  at 
or  before  the  time  of  incurring  the  same,  make  provision  for  a  sink- 
ing-fund to  pay  at  maturity  (lie  indebtedness  so  incurred  and  inter- 
est thereon. 

Sec.  2.  Act  of  July  8.  1010.  P.  L.  761. 

1911.  When  the  building  of  a  county  bridge  over  a  river,  creek. 
or  rivulet,  railway  or  canal,  has  been  found  necessary  by  report  of 
viewers,  by  the  court,  and  by  the  grand  jury,  under  proceedings  as 
provided  by  existing  laws,  and  it  has  also  been  found,  in  like  manner, 
that  the  erection  of  such  bridge  will  require  more  expense  than  it  is 
reasonable  that  the  one  or  more  adjoining  townships  or  city  of  the 


401 

third  class  should  bear,  thai  whenever  the  county  commissioners  do 
not,  deem  ii  advisable  to  enter  such  bridge  op  record  as  a  counts 
ln-idge,  but  shall  consider  it  proper  i<>  assisl  such  township  or  town- 
ships, or  such  city  of  the  third  class,  in  building  the  same,  they  are 
hereby  authorized  and  empowered,  from  and  ou1  <d'  the  county  funds, 
to  either  build  such  bridge,  or  any  portion  or  portions  thereof,  or 
furnish  such  township  or  townships,  or  city  of  the  third  class,  the 
whole  or  pari  of  the  money  necessary  to  build  it,  without  entering 
such  bridge  on  record  as  a  county  bridge. 

Sec.  1.  Ad  of  June  13,  L879,  P.  !,.  1  in.  as  amended  by  See.  1.  A.-t  of  June 
15,  1011,   P.  L.  070. 

Under  this  act,  where  the  county  commissioners  assume  for  tin-  county  the 
entire  burden  of  building  a  bridge,  the  county  is  bound  to  build  the  approaches 
in  tlic  bridge,  so  as  to  make  ii  <•<  mpletely  ac  cessible  to  public  travel :  Com,  v. 
WestfieM  Borough,  II  Pa.  C.  C.  S69,  s.  c.   I  D.  /.'.    ','.>■',. 

This  act  repeals  local  laws  establishing  a  different  rule:  Westfield  Borough 
v.  Tioga  Co.,  t50  Pa.  t52. 

Under  this  act  the  county  commissioners  can  make  binding  contracts  by 
which  the  township  interested  may  agree  t<>  share  the  total  expense:  Com- 
monwealth ex  ril.  r.  Supervisors  of  Swalurn  Township,  lit  Pa.  C.  C.   \90. 

1912.  Tlie  county  commissioners  shall  keep  a  record  of  all  their 
proceedings  in  such  cases,  and  such  bridges  shall  be  maintained,  kepi 
in  repair  and  rebuilt,  when  necessary,  by  the  respective  township  or 
townships,  and  the  county  shall  in  no  event  be  liable  for  the  same. 

Sec.  2,  Act  nt'  June  11,  1870,  P.  L.  14G. 

Under  this  act  the  county  commissioners  alone  determine  the  important 
question  of  the  extent  to  which  the  county  funds  shall  be  appropriated  after 
the  necessity  for  such  decision  has  been  brought  before  them  by  proper  pro- 
ceedings. The  court  has  no  exclusive  right  to  determine  that  a  bridge  shall 
I  I-  a  county  bridge:     Loyalhanna  Creek  Bridge,   '/■'>  I'n.  ('.  ('.  .",11. 

L913.  Whenever  a  public  bridge  has  been  built  or  maintained  by 
any  borough  or  township,  or  both,  or  by  any  two  townships,  and  used 
by  thi'  public  for  travel,  across  a  river,  within  any  borough  or  sepa 
rating  any  borough  and  township,  or  separating  any  two  townships. 
within  the  commonwealth  of  Pennsylvania,  the  county  commissioners 
of  any  county  wherein  such  bridge  is,  may  take  the  same  as  a  county 
bridge  whenever  the  proper  authorities,  having  the  maintenance, 
supervision  and  control  of  such  bridge,  shall  tender  the  same  to  said 
county  commissioners,  free  and  without  charge  therefor-  and  any 
such  bridge,  so  taken,  shall  thereafter  be  maintained  ami  kept  in  re- 
pair as  a  county  bridge. 

Sec.  1.  Act  of  April  '21.  1003,   P.  T..   323. 

1914.  When  a  public  road  is  laid  out  and  confirmed  by  the  court, 
and  not  opened,  leading  to  either  end  of  a  county  bridge,  across  any 

26 


402 

river  in  this  commonwealth,  upon  a  petition  of  citizens  of  the  city, 
town,  borough  or  township  through  which  the  said  road  is  located, 
setting  forth  that  the  expenses  of  the  construction  is  too  burthen - 
some  to  the  taxpayers  of  the  said  city,  town,  borough  or  township, 
that  thereupon  the  court  of  quarter  sessions  of  the  proper  county 
may,  upon  the  filing  of  the  said  petition,  order  the  county  commis- 
sioners to  prepare  plans  of  said  public  road,  not  exceeding  one-fourth 
mile  in  length,  from  the  end  of  such  bridge,  which  plans  shall  be  sub- 
mitted to  the  court,  and  such  time  shall  be  fixed  for  filing  exceptions 
to  said  proceedings  as  the  court  shall  deem  proper ;  and  if  no  suf- 
ficient cause  be  shown  to  the  contrary,  the  said  court,  upon  approval 
thereof,  shall  then  authorize  the  county  commissioners  1<>  construd 
the  said  road,  according  to  the  plans  and  survey  accompanying  said 
proceedings;  and  upon  the  approval  of  the  same  by  the  county  com 
niissioners,  or  a  majority  of  them,  they  shall  proceed  to  open  such 
road  at  the  expense  of  the  county:  Provided,  That  the  term  "-river" 
in  this  act  shall  mean  any  stream  of  water  ten  hundred  feet  wide,  or 
over. 

Sec.  1,  Act  of  May  21,  1901,  P.  L.  268. 

1915.  From  and  after  the  passage  of  this  act,  it  shall  be  the  duty 
of  the  county  commissioners  of  the  several  counties  of  this  common- 
wealth to  repair  all  county  bridges,  heretofore  erected  or  to  be  here- 
after erected  by  the  county,  and  to  pay  the  expenses  of  such  repairs 
out  of  the  county  treasury,  in  the  usual  manner. 

Sec.  1,  Act  of  March  30,  1905,  P.  L.  81. 

1916.  It  shall  be  lawful  for  the  undertaker  of  any  public  bridge, 
to  enter  upon  the  lands  and  inclosures  near  to  the  place  where  such 
bridge  is  to  be  built,  for  the  purpose  of  searching  for  and  procuring 
(he  materials  necessary  for  the  building  of  such  bridge,  in  like 
manner  and  with  like  authority  as  is  hereinbefore  provided  in  be- 
half of  the  supervisors  of  the  public  roads  in  the  like  case. 

Sec,  48,  Act  of  June  13,  1836,  P.  L.  551. 

1917.  If  the  undertaker  of  such  bridge  and  the  owner  of  such 
materials  cannot  agree  upon  the  sum  to  be  paid  for  the  damages 
which  may  be  done  by  the  taking  of  such  materials,  such  damages 
shall  be  ascertained  in  the  manner  provided  in  the  case  of  materials 
taken  by  the  supervisors  of  the  public  roads. 

Sec.  49.  Act  of  June  13,  1836,  P.  L.  551. 

1918.  Provided,  nevertheless,  That  the  damages  shall  be  ascer- 
tained and  paid,  or  secured  to  be  paid,  to  the  satisfaction  of  the 


103 

owner  of  such  materials,  before  the  same  ma\    be  dug,  quarried  or 
lemoved  by  such  undertaker. 

See.  50,  Act  of  June  L3,   1836,  P.  h.  551. 

1919.  In  all  cases  where  the  railroad  tracks  of  any  company 
shall,  for  the  purpose  of  avoiding  or  eliminating  grade  crossings, 
be  so  constructed  as  to  cross  any  public  highway  above  grade,  by 
means  of  a  bridge,  viaduct,  or  any  other  structure,  the  abutments, 

piers,  or  other  supports  of  such  bridge  shall  be  so  buiit  as  to  main 
tain  a  minimum  width  on  said  highway  of  twenty-four  feel  in  the 
clear,  and  so  as  to  maintain  a  minimum  height  of  fourteen  feet  in 
the  clear;  and  that  where  any  such  railroad  shall,  lor  like  purpose, 
cross  any  public  highway  below  grade,  the  bridge  or  viaduct  crossing 
such  railroad  shall  have  a  width  of  not  less  than  twenty-four  feci 
in  the  clear;  and  all  railroads  are  hereby  authorized  and  permitted 
to  construct  such  piers,  abutments,  bridges,  and  viaducts  as  herein 
provided. 

Sec.  1,  Act  of  June  10,  1911,  P.  L.  867. 

1920.  No  bridge,  frame  or  device  whatsoever  shall,  at  any  time 
to  come,  be  made,  erected,  upheld,  sustained  or  repaired,  over  any 
creek  or  river  within  this  province,  navigable  for  any  sloop,  shallop, 
flat,  or  other  craft,  that  shall  or  may  in  any  wise  stop  or  hinder  the 
navigation  of  any  such  sloop,  shallop,  flat  or  other  craft,  or  float  of 
logs:  any  law7,  custom  or  usage  to  the  contrary  thereof  in  any  wise 
notwithstanding. 

Sec  2,  Act  of  August  14,  1725,  1  Sm.  L.  168. 

This  section  applies  only  to  bridges  erected  without  the  authority  of  law: 
Clarke   v.   Birmingham    and  Pittsburgh  Bridge  Co.,  1,1  fa.  lift. 

A  bridge  company  may  bo  responsible  to  an  individual  for  an  injury  re- 
sulting from  a  wanton  abuse  of  its  right,  and  the  Commonwealth  may  com- 
plain that  the  piers  are  injudiciously  located:  Dugam  v.  Monongahela  River 
Bridge  Co.,  21  Pa.  SOS;  Monongahela  Bridge  Co.  v.  Kirk,  1,6  Pa.  11.!:  Jutte 
v.  Keystone  Bridge  Co.,  l',6  Pa.  1,00. 

Tli is  applies  to  future  traffic  as  well  as  to  that  existing  when  the  act  was 
passed:  Dugun  v.  Monongahela  River  Bridge  Co.,  2~i  P<i.  SOS;  Common- 
wealth v.  Monongahela  Bridge  Co.,  29,  P.  L.  J.  126. 

L921.  Nothing  herein  contained  shall  be  construed  to  forbid  or 
hinder  the  maintaining  ami  repairing  the  drawbridge  hereinbefore 
particularly  mentioned,  or  any  other  bridge  erected  by  public  au- 
thority, or  making  of  dams,  mounds  or  tide  banks,  for  the  draining 
of  low  grounds,  and  improving  of  meadows,  by  the  owners  or  owner 
of  the  greater  part  of  the  lands,  low  grounds,  or  meadows,  included 
\\  [thin  the  same  dams,  mounds  or  tide  banks,  anything  herein  contain- 
ed to  the  contrary  in  any  wise  notwithstanding. 

Sec.  3,  Act  of  Aug.  14,  1725,  1  Sm.  L.  168. 


404 

1922.  Whenever  authority  has  been  given  by  the  State  Highway 
Department  to  township  supervisors,  under  existing  laws,  or  laws 
that  may  hereafter  be  enacted,  for  the  construction,  repair,  alteration, 
or  maintenance  of  any  township  bridge,  it  shall  not  be  necessary  for 
such  township  supervisors  to  procure  permits  from  any  other  depart- 
ment consenting  to  the  construction,  repair,  alteration,  or  main- 
tenance of  such  bridge.  This  act  shall  not  repeal  or  modify  any  of 
the  provisions  of  the  act  of  the  twenty-sixth  day  of  July,  one  thou- 
sand nine  hundred  and  thirteen  (Pamphlet  Laws,  one  thousand  three 
hundred  and  seventy-four ),  known  as  The  Public  Service  Company 
Law. 

Sec.  1,  Act  of  July  18.  1917,  P.  L.  1074. 

1923.  It  shall  be  unlawful  for  any  person  or  persons  to  drive, 
or  cause  to  be  driven,  on  or  over  any  public  bridge  of  this  Common 
wealth,  any  power-driven  vehicle,  with  a  gross  weight  of  four  tons 
or  more,  at  a  greater  rate  of  speed  than  six  miles  per  hour. 

Sec.  1,  Aft  of  June  28,  1017,  P.  L.  G4G. 

1924.  Any  person  offending  against  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  sentenced  to  pay  a  tine  of  not  exceeding  one  hundred 
dollars,  or  to  undergo  an  imprisonment  not  exceeding  thirty  days, 
or  both  or  either,  in  the  discretion  of  the  court. 

See.  2.  Act  of  Juno  27.  1017.  P.  L.  <',-!<;. 


405 
CHAPTER  XXXIV. 

SIDEWALKS. 

For  other  provisions  relating  to  this  subject,  see 
sections  950  to   1042  inclusive. 

L925.  It  shall  be  lawful  for  boroughs  and  townships  to  establish 
a  grade  or  grades  for  foot  ways  or  sidewalks,  which  grade  or  grades 
may  be  separate  and  apart  from  the  grade  or  grades  established  for 
the  can  way  or  roadway. 

Sec.  1,  Act  of  July  7.  1919,  I'.  L.  732. 

1926.  Whenever  heretofore  any  township  of  the  first  class  of  the 
State  has  (pursuant  to  petition  of  the  majority  of  property  owners 
in  interest  and  number  abutting  upon  the  line  of  the  improvement!, 
authorized,  by  any  act,  ordinance,  resolution  or  contract  passed  or 
made,  the  grading,  paving,  curbing  of  and  the  laying  of  sidewalks 
upon,  any  street,  lane,  or  alley,  or  part  thereof;  and,  in  pursuance  of 
such  act,  ordinance,  resolution,  or  contract,  work  or  labor  has  been 
done  or  is  being  done,  or  material  furnished  or  is  being  furnished,  or 
private  property  has  been  or  is  being  taken,  injured,  or  destroyed, 
and  properties  in  the  neighborhood  of  such  improvement  have  been, 
or  will  be  when  completed,  peculiarly  benefited  by  the  same;  now  by 
this  act  said  improvements  are  made  valid  and  binding,  and  any 
township  of  the  first  class  of  the  state  is  hereby  authorized  to  as- 
certain, levy,  and  collect  such  costs,  damages,  and  expenses  in  the 
manner  following: 

Said  township  of  the  first  class,  or  any  person  or  persons  inter- 
ested, may,  at  any  time  after  such  work  or  labor  has  been  done,  or 
material  furnished,  or  damage  done,  present  its,  her,  his,  or  their 
petition  in  any  court  of  common  pleas  of  the  proper  county,  or  to 
any  law  judge  thereof  in  vacation;  and  the  court  shall  appoinl  three 
discreet  and  disinterested  persons  as  viewers,  and  appoint  a  time, 
not  less  than  twenty  nor  more  than  thirty  days  thereafter,  when  said 
viewers  shall  meet  upon  the  line  of  the  improvement  and  view  the 
same  and  the  premises  affected  thereby.  The  said  viewers  shall  give 
at  least  ten  days'  notice  of  the  time  of  their  tirst  meeting,  by  pub- 
lication in  one  or  more  newspapers  of  the  township  of  the  first  class, 
or  of  the  county  in  which  it  is  situated,  and  by  handbills  posted  upon 
the  premises,  or  otherwise,  as  the  said  couri  shall  direct,  having  re- 
gard to  the  circumstances  of  the  case. 

Sec.  1.  An  of  June  !».  1911,  I'.  L.  7::::. 


406  , 

L927.  The  said  viewers,  having  been  duly  sworn  or  affirmed  faith- 
fully, justly,  and  impartially  to  decide  and  a  true  report  to  make 
concerning  all  matters  and  things  to  be  submitted  to  them,  or  in  re- 
lation to  which  they  are  authorized  to  inquire  in  pursuance  of  the 
provisions  of  this  act,  and  having  viewed  the  premises  and  examined 
the  property, •  shall  hear  all  parties  interested  and  their  witnesses; 
and  shall  estimate  and  determine  the  value  of  property  taken,  in- 
jured, or  destroyed,  to  wrhom  the  same  is  payable;  and  having  so  esti- 
mated  and  determined  the  damages,  together  with  the  benefits,  as 
hereinbefore  mentioned,  they  shall  prepare  a  schedule  thereof,  and 
give  notice  to  all  parties  to  whom  damages  are  allowed  or  upon  whom 
assessments  for  benefits  are  made  of  a  time,  not  less  than  ten  days 
thereafter,  and  of  a  place,  where  said  viewers  shall  meet  and  exhibit 
said  schedule,  and  hear  all  exceptions  thereto  and  evidence  thereon. 
Notice  of  the  time  and  place  of  said  meeting  shall  be  given  in  the 
manner  provided  by  law  for  the  service  of  a  summons  in  a  personal 
action,  upon  all.  parties  allowed  damages  or  assessed  benefits,  as 
shown  by  said  schedule,  if  the  parties  can  be  found  in  the  municipal- 
ity ;  or  upon  an  adult  person  residing  upon  the  property  affected  by 
the  assessment,  in  case  the  owner  or  reputed  owner  cannot  be  found ; 
and  to  all  other  persons,  by  publication  in  the  newspaper  in  which 
the  first  notice  of  said  view  Avas  published.  When  no  service  is  made 
upon  the  owner,  reputed  owner,  or  upon  an  adult  person  residing 
upon  the  property  affected,  said  notice,  were  publication  thereof 
has  also  been  made,  shall  be  deemed  to  have  been  properly  served  it 
tacked  or  conspicuously  posted  upon  the  premises.  After  making 
whatever  changes  are  deemed  necessary,  the  said  viewers  shall  make 
report  to  the  court,  showing  the  damages  and  benefits  allowed  and 
assessed  in  each  case,  and  file  therewith  a  plan  showing  the  improve- 
ment, the  properties  taken,  injured,  or  destroyed  thereby,  and  the 
properties  thereby  benefitted.  When  said  report  is  filed  notice  shall 
be  given  by  publication  once  in  the  newspaper  or  newspapers  pub- 
lishing the  notice  provided  for  in  section  one  of  this  net.  Said  notice 
shall  state  the  dale  of  the  filing  of  the  report,  and  shall  contain  a 
schedule  of  the  damages  and  benefits  as  shown  therein,  and  shall 
further  state  that,  unless  exceptions  thereto  be  filed  within  thirty 
days  from  the  date  of  filing,  the  said  report  will  be  confirmed  ab- 
solutely. 

Sec.  2,  Act  of  June  9,  1911,  I'.  L.  733. 

1928.     The  payment  of  damages  sustained  by  the  making  of  the  im- 
provements aforesaid  may  be  made,  either  in  whole  or  in   part,  by 
s;iid  township  of  the  first  elass;  or,  in  whole  or  in  part,  by  :iss»-ss 
menis  upon    the  property  benefited   by  such   improvement,   as  said 


407 

viewers  may  determine  and  the  courl  approve;  and  in  the  hitter  case, 
the  viewers  appointed,  having  firsl  estimated  and  determined  the 
damages  aparl  from  benefits,  shall  also  assess  said  damages  or  so 
much  thereof  as  they  may  deem  just  and  reasonable,  upon  the  pro 
perties  peculiarly  benefited  by  the  improvements,  including  in  the 
said  assessment  all  property  for  which  damages  have  been  allowed, 
it'  in  their  judgement  such  properties  will  he  benefited  thereby,  and 
shall  report  the  same  to  said  court.  The  total  assessment  for  bene- 
fits shall  not  exceed  the  total  damages  awarded  and  agreed   upon. 

Sec.  .'!,  Act  of  June  9,  1011.  P.  L.  733. 

1020.  The  viewers  provided  for  in  the  foregoing  section  may  be 
appointed  at  any  time  within  one  year  from  the  date  of  the  passage 
of  this  act.  The  costs  of  the  viewers  and  all  court  cosls  incurred  in 
the  proceedings  aforesaid  shall  be  defrayed  by  said  township  of  the 
first  class,  and  each  of  said  viewers  shall  he  entitled  to  a  sum  not 
exceeding  five  dollars  pov  day  for  every  day  necessarily  employed  in 
the  performance  of  the  duties  herein  prescrihed. 

Sec.  4.  Act  of  June  9,  1911,  P.  L.  733. 

1930.  Upon  the  report  of  said  viewers,  or  any  two  of  them,  being 
filed  in  said  court,  any  party  interested  may.  within  thirty  days 
thereafter,  file  exceptions  to  the  same ;  and  the  court  shall  have  power 
to  confirm  said  report,  or  to  modify,  change,  or  otherwise  correct  the 
same,  or  change  the  said  assessment  made  therein,  or  refer  the  same 
hack  to  the  same  or  new  viewers,  with  like  power  as  to  their  report. 
When  said  report  is  first  filed  in  court,  the  prothonotary  thereof  shall 
mark  the  same  confirmed  nisi ;  and.  in  case  no  exceptions  are  filed 
thereto  within  thirty  days,  he  shall  enter  decree  (as  of  course)  thai 
the  said  report  be  confirmed  absolutely.  Within  thirty  days  after 
the  confirmation,  modification,  changing,  or  correction  of  any  report, 
any  interested  party  may  appeal  from  the  said  decree  to  the  Super- 
ior Court  or  to  the  Supreme  Court,  as  the  case  may  he.  The  said  re- 
port when  and  as  finally  confirmed  shall  he  conclusive  as  to  any  as 
sessmenfs  made  therein  to  pay  the  costs,  damages,  ami  expenses  of 
said  improvement.  Within  thirty  days  after  said  report  is  filed  in 
court,  as  aforestated,  any  party  whose  property  is  taken,  injured,  or 
destroyed,  or  who  is  assessed  benefits  to  pay  damages  for  property 
f«*ken,  injured,  or  destroyed,  may  appeal  to  the  courl  of  common 
pleas,  and  demand  a  trial  by  jury  according  to  the  course  of  the 
common  law.  TTpon  the  trial  of  any  such  appeal  in  court,  the  report 
of  viewers,  as  finally  approved,  confirmed  modified,  or  changed  by 
the  court,  shall  be  prima  facie  evidence  of  the  benefits  as  therein 
mentioned;  and  in  case  the  party  appellant  does  not  obtain  a  verdict 
more  favorable  than  was  the  report  of  viewers,  as  finally  confirmed 
modified,  or  changed,  the  said  appellant  shall  not  recover  any  costs 


408 

oil  the  appeal.  No  appeal  under  this  act  shall  prevent  the  filing  of 
liens  by  any  township  of  the  first  class  for  any  assessment  made  by 
said  report-  but,  upon  the  final  determination  of  the  issue,  the  court 
shall  make  such  order  as  to  lien  or  liens  tiled  as  shall  appear  right 
and  proper. 

Sec.  5,  Act  of  June  !>.  1911,  I'.  L.  T.".::. 

* 

1031.  In  all  cases  where  sidewalks  have  been  constructed  in  un- 
incorporated towns  and  villages,  or  upon  any  public  road,  it  shall 
not  be  lawful  for  any  person  to  ride,  lead  or  drive  any  beast  of  burden 
thereon ;  and  if  any  person  shall  wilfully  ride,  lead  or  drive,  or  cause 
to  be  driven,  any  beast  of  burden  thereon,  such  person  shall,  for  every 
such  offense,  forfeit  and  pay  a  sum  of  not  less  than  five,  nor  more 
than  ten  dollars,  to  be  sued  for  and  recovered  as  fines  and  pecuniary 
penalties  are  recovered  under  the  provisions  of  the  75th  section  of 
the  act  of  June  13th.  1836,  entitled  "An  act  relating  to  roads,  high- 
ways and  bridges:"  Provided.  That  this  act  shall  not  apply  to  any 
person  leading,  riding  or  driving  any  beast  of  burden  over  or  on  any 
sidewalk  constructed  upon  or  abutting  on  his  own  property. 

Aft  of  April  (>.  1868,  P.  L.  67. 


CHAPTER  XXXV. 

SEWERS   AND   DRAINS. 

For  other  provisions  reiating  to  this  subject,  see  sections  1070  to  1141 
•  inclusive. 

1032.  From  and  after  the  passage  of  this  act,  it  shall  l>e  lawful 
for  any  municipality,  in  which  any  corporation  created  and  existing 
under  and  by  virtue  of  the  laws  of  this  Commonwealth,  or  any  person 
or  persons  or  unincorporated  association,  have  constructed  and  are 
maintaining  or  may  hereafter  construct  and  maintain,  sewers,  cul- 
verts, conduits,  and  pipes,  with  the  necessary  inlets  and  appliances, 
for  surface,  under  surface  and  sewage  drainage,  to  become  the  own- 
ers of  such  sewers,  culverts,  conduits,  and  pipes,  with  the  necessary 
inlets  and  appliances,  for  surface,  under  surface,  and  sewage  drain- 
age, and  the  property  of  such  company,  person  or  persons,  or  unin- 
corporated associations,  by  paying  therefor  the  actual  value  of  the 
same  at  the  lime  of  taking  by  the  municipality. 

S.'<-.  1.  Ac)  of  April  19,  1!M)1,  P.  L.  82,  as  amended  by  Sec.  1.  Act  of  July 
21,  1913,  P.  L.  865. 

Querv :     Dors  lliis  acl   apply  to  townships? 


III!) 

In  a  proceeding  to  ascertain  the  value  r.f  a  sewerage  system,  under  the 
authority  of  this  act,  proof  of  the  original  cosl  of  construction,  while  not  con- 
trolling, is  competent  evidence  to  be  considered  ai  au  clement  in  ascertaining 
the  presenl  value:  Borough  o]  Hanover  v.  Hanover  Sewer  Company,  !~>1  Pa. 
95,  reversing  28  York,  77.-  see  also  Borough  of  Hanover's  Petition,  16  York 
toS,  27  York  tSS,  ■',  l/.  /..  /,'.   .>o'h 

1933.  In  case  of  disagreemenl  ;is  to  the  amoiinl  to  be  paid,  the 
same  shall  be  ascertained  in  the  same  manner  as  damages  are  now 
ascertained  for  private  property  taken,  injured  or  destroyed  by 
reason  of  municipal  improvements,  under  the  act  of  the  General 
Assembly  of  the  Commonwealth  of  Pennsylvania,  approved  sixteen 
.May.  one  thousand  eight  hundred  and  ninety  one  i  Pamphlel  Laws, 
7.~»),  entitled  "An  act  in  relation  to  the  hiving  out,  opening,  widening, 
straightening,  extending,  or  vacating  streets  and  alleys,  and  the  con- 
struction of  bridges  in  the  several  municipalities  of  tliis  Common 
wealth,  the  grading,  paving,  macadamizing  or  otherwise  improving 
streets  and  alleys,  providing  for  ascertaining  the  damages  to  private 
property  resulting  therefrom,  the  assessment  of  the  damages,  costs 
and  expenses  upon  the  property  benefited,  and  the  construction  of 
sewers  and  payment  of  damages,  costs  and  expenses  thereof,  includ- 
ing damages  to  private  property  resulting  therefrom." 

Sec.  L\  Act  of  April  It).  1001.  P.  J  .  82. 

1934.  That  whenever  the  amount  to  he  paid  by  any  municipality 
to  any  corporation,  person  or  persons,  or  unincorporated  associa- 
tion, for  the  acquisition  of  sewers,  culverts,  conduits  and  pipes,  with 
the  necessary  inlets  and  appliances,  under  the  Act  of  the  General  As 
sembly,  approved  the  nineteenth  day  of  April.  Anno  Domini  one  thou- 
sand nine  hundred  and  one  (Pamphlet  Laws,  eighty  two),  shall  have 
been  ascertained  in  the  manner  provided  in  said  act,  it  shall  be  lawful 
for  the  court  of  common  pleas  of  the  proper  county,  or  any  law 
judge  thereof  in  vacation,  on  application  thereto  by  petition  by  said 
municipal  corporation  or  any  person  interested,  to  appoint  viewers. 
who  shall  assess  the  costs  and  expenses  of  the  sewers,  culverts,  con- 
duits and  pipes,  with  the  necessary  inlets  and  appliances,  acquired 
by  said  municipality,  upon  the  property  benefited,  according  to  bene- 
fits, if  sufficient  can  be  found;  but.  if  not.  then  the  deficiency  when 
finally  ascertained  shall  be  paid  by  the  municipal  corporation:  and 
the  proceedings  of  said  viewers,  and  the  proceedings  of  their  report, 
shall  be  as  provided  in  said  act  of  May  sixteen,  one  thousand  eight 
hundred  and  ninety-one  (Pamphlet  Laws,  seventy-five),  for  viewers 
and  reports  of  viewers  in  cases  of  property  taken,  injured  .  or 
destroyed. 

Sec.  ::.  A<t  ef  April  19,  1901,  [>.  i,.  82,  as  amended  by  Sea  2,  Act  of  July 
21,  1913,  P.  L.  865. 


410 
CHAPTER    XXXVI. 

MOTOR  AND  OTHER  VEHICLES, 
(a)     Motor  Vehicles. 

1035.  The  fee  for  the  registration  of  a  motorcycle  shall  be  three 
($3)  dollars,  and  for  the  registration  of  a  bicycle  with  a  motor  at- 
tached, two  ($2)  dollars. 

The  fee  for  registration  of  motor  vehicles,  except  such  as  are 
equipped  with  metal  tires,  when  registered  prior  to  August  lirst  of 
any  year,  shall  be  at  the  rate  of  forty  (40)  cents  for  each  horsepower 
or  fractional  part  thereof;  Provided,  That  the  minimum  fee  shall  be 
ten  ($10)  dollars. 

The  fees  for  the  registration  of  commercial  motor  vehicles  the  chas- 
sis of  which  weighs  less  than  two  thousand  (2,000)  pounds  shall  be 
on  the  basis  of  horsepower:  Provided,  That  the  minimum  fee  shall 
be  fifteen  ($15)  dollars. 

Commercial  vehicles,  with  pneumatic  tires,  the  chassis  of  which 
weighs  two  thousand  (2,000)  pounds  or  more,  shall  be  divided  into 
seven  (7)  classes. 

The  fees  for  each  such  vehicle  in  class  AA,  the  chassis  of  which 
weighs  two  thousand  (2,000)  pounds  and  less  than  three  thousand 
(3,000)  pounds,  shall  be  twenty -four  (.$24)  dollars. 

The  fee  for  each  such  vehicle  in  Class  A,  the  chassis  of  which 
weighs  three  thousand  (3,000)  pounds  and  less  than  four  thousand 
(4,000)  pounds,  shall  be  thirty- two  ($32)  dollars. 

The  fee  for  each  such  vehicle  in  class  B,  the  chassis  of  which  weighs 
four  thousand  (4,000)  pounds  and  less  than  five  thousand  (5,000) 
pounds,  shall  be  forty  ($40)  dollars. 

The  fee  for  each  such  vehicle  in  class  C,  the  chassis  of  which  weighs 
five  thousand  (5,000)  pounds  and  less  than  six  thousand  (6,000) 
pounds,  shall  be  fifty-six  ($56)  dollars. 

The  fee  for  each  such  vehicle  in  class  D,  the  chassis  of  which  weighs 
six  thousand  (6,000)  pounds  and  less  than  seven  thousand  five  hund- 
dred  (7,500)  pounds,  shall  be  eighty  ($80)  dollars. 

The  fee  for  each  such  vehicle  in  class  E,  the  chassis  of  which  weighs 
seven  thousand  five  hundred  (7,500)  pounds,  and  less  than  eight 
thousand  five  hundred  (8,500)  pounds,  shall  be  one  hundred  ($100) 
dollars. 

The  fee  for  each  such  vehicle  in  class  F,  the  chassis  of  which  weighs 
over  eight  thousand  five  hundred  (8,500)  pounds,  shall  be  one  hundred 
forty  ($140)  dollars. 

( oinmercial  vehicles,  with  solid  rubber  tires,  the  chassis  of  which 
weighs  two  thousand  (2,000)  pounds  or  over,  shall  be  divided  into 
seven  (7)  classes. 


411 

The  fee  for  each  such  vehicle  in  class  A  A.  I:he  chassis  of  which 
weighs  two  thousand   (2,000)  pounds  and   less  than  three  thousand 

(3,000)  pounds,  shall  be  thirty  (|30)  dollars. 

The  fee  for  each  such  vehicle  in  class  A,  the  chassis  of  which  weighs 
three  thousand  (3,000)  pounds  and  less  than  rone  thousand  (4,000) 
pounds,  shall  be  forty  ($40)  dollars. 

The  fee  for  each  such  vehicle  in  class  B,  the  chassis  of  which  weighs 
four  thousand  (4,000)  pounds  and  less  than  five  thousand  (5,000) 
pounds,  shall  be  fifty  ($50)  dollars. 

The  fee  Tor  each  such  vehicle  in  class  C,  the  chassis  of  which  weighs 
five  thousand  (5,000)  pounds  and  less  than  six  thousand  (0,000) 
pounds,  shall  be  seventy  ($70)  dollars. 

The  fee  for  each  such  vehicle  in  class  D,  the  chassis  of  which  weighs 
six  thousand  (0,000)  pounds  and  less  than  seven  thousand  five  hun- 
dred (7,500)  pounds,  shall  be  one  hundred  ($100)  dollars. 

The  fee  for  each  such  vehicle  in  class  E,  the  chassis  of  which  weighs 
seven  thousand  five  hundred  (7,500)  pounds  and  less  than  eight  thou- 
sand five  hundred  (8,500)  pounds,  shall  be  one  hundred  twenty-five 
($125)  dollars. 

The  fee  for  each  such  vehichle  in  class  F,  the  chassis  of  which 
weighs  eight  thousand  five  hundred  (8,500)  pounds  or  over,  shall  be 
two  hundred  ($200)  dollars. 

The  fees  for  registration  of  electrically  operated  commercial  motor- 
vehicles,  whether  equipped  with  pneumatic  or  solid  rubber  tires,  shall 
be  on  the  same  basis  as  the  fees  specified  in  this  section  for  com- 
mercial motor  vehicles  with  pneumatic  tires. 

Tractor  trucks  with  semi-trailer  attachments  shall  be  registered  as 
one  vehicle,  the  registration  fee  for  which  shall  be  computed  accord- 
ing to  the  table  of  weights  and  fees  specified  in  this  act  for  commercial 
motor  vehicles,  and  upon  the  basis  of  the  chassis  weight  of  tractor 
plus  the  weight  of  semi-trailer  attachment. 

No  registration  shall  be  required  of  a  trailer  weighing  less  than  five 
hundred  (500)  pounds. 

The  fee  shall  be  two  ($2)  dollars  for  each  trailer  weighing  five 
hundred  (500)  pounds  and  less  than  seven  hundred  and  fifty  (750) 
pounds. 

Five  ($5)  dollars  for  each  trailer  weighing  seven  hundred  and  fifty 
(750)  pounds  and  less  than  one  thousand  (1,000)  pounds. 

Ten  ($10)  dollars  for  each  trailer  weighing  one  thousand  (1,000) 
pounds  and  less  than  two  thousand  (2,000)  pounds. 

Fifteen  ($15)  dollars  for  each  trailer  weighing  two  thousand  (2,000) 
pounds  or  more. 

The  fee  for  the  registration  of  any  motor  vehicle  or  trailer  equipped 
with  metal  tires  shall  be  double  the  regular  fee  for  such  vehicle. 


412 

The  foes  for  registration  when  issued  on  of  after  August  lirsl  shall 
be  one-half  those  hereinbefore  named. 

The  fee  shall  be  five  (|5)  dollars  for  each  certificate  and  number 
plate  issued  to  persons  registered  as  motor -cycle  dealers,  and  ten 
($10)  dollars  for  each  certificate  and  pair  or  number  plates  issued  to 
persons  registered  as  dealers  in  other  motor  vehicles. 

The  fees  herein  set  forth  for  the  registration  of  motor  vehicles  and 
trailers  shall  be  in  lieu  of  any  other  fees  or  taxes  to  be  imposed  by 
this  Commonwealth,  or  any  subdivision  thereof,  and  no  city,  borough, 
incorporated  town,  township,  or  county  shall  require  or  collect  any 
registration  or  license  fee  or  tax  for  any  motor  vehicle  or  license  from 
any  operator  thereof,  except  as  to  motor  vehicles  transporting  pas- 
sengers for  pay  or  hire  within  the  limits  of  any  city  or  from  points 
within  such  city  to  points  outside  of  the  city  limits. 

No  fee  shall  be  charged  for  the  registration  of  motor  vehicles  owned 
and  used  by  the  United  States,  the  State  of  Pennsylvania,  or  by  any 
city,  borough,  incorporated  town,  township,  or  county,  duly  autho- 
rized volunteer  fire  department,  hospital,  humane  society,  or  anti- 
cruelty  society,  in  this  Commonwealth,  or  by  the  American  Red  Cross, 
but  all  such  vehicles  shall  be  registered,  and  shall  display  number 
plates  as  is  provided  for  privately  owned  vehicles. 

All  registrations  shall  expire  December  thirty-first  of  the  year  is- 
sued unless  sooner  revoked  for  cause  by  the  State  Highway  Commis- 
sioner. 

See.  9,  Act  of  June  30,  1919^  P.  L.  678,  as  amended  by  Sec.  5,  Act  of  May 
16,  1921,  P.  L.  582.  ^ 

1936.    No  person  shall  operate  a  motor  vehicle  on  the  public  high- 
ways of  the  State  recklessly  or  at  a  rate  of  speed  greater  than  is 
reasonable  and  proper,  having  regard  to  the  width,  traffic,  and  use 
of  the  highway,  or  so  as  to  endanger  property  or  the  life  or  limb  of 
any  person.    No  person  shall  drive  a  motor  vehicle  at  a  rate  of  speed 
exceeding  one  (1)  mile  in  two  (2)  minutes;  and  no  commercial  motor 
vehicle,  with  solid  rubber  tires,  in  class  AA,  as  provided  in  section 
nine  of  this  act,  shall  at  any  time  exceed  a  rate  of  speed  of  twenty 
(20)  miles  per  hour;  or 
in  class  A,  a  rate  of  speed  of  twenty  (20)  miles  per  hour;  or 
In  class  B,  a  rate  of  speed  of  eighteen  (18)  miles  per  hour;  or 
In  class  C,  a  rate  of  speed  of  fifteen  (15)  miles  per  hour;  or 
In  class  D,  a  rate  of  speed  of  fifteen  (15)  miles  per  hour;  or 
In  class  E,  a  rate  of  speed  of  twelve  (12)  miles  per  hour;  or 
In  class  F,  a  rate  of  speed  of  ten  (10)  miles  per  hour:  and  no  com- 
mercial motor  vehicles  with  solid  rubber  tires,  the  chassis  of  which 
weighs  less  than  two  thousand  (2,000)  pounds,  shall  at  any  time  ex- 
ceed a  rate  of  speed  of  twenty-four  (24)  miles  per  hour. 


U3 

No  commercial  motor  vehicle,  with  pneumatic  tires,  in  class  AA. 
as  provided  in  section  oine  of  this  act,  shall,  al  any  time,  exceed  ;i 
rate  of  speed  of  twenty  four  (24)  miles  per  hour;  or 

In  class  A,  ;i  rate  of  speed  of  twenty  four  (24  i  miles  per  hour;  or 
In  class  B,  a  rate  of  speed  of  twenty-two  (22)  miles  per  hour:  or 
In  class  0,  a  rate  of  speed  of  nineteen  I  1!)  i  miles  per  hour;  or 
In  class  D,  a  rate  of  speed  of  nineteen  i  l!h  miles  per  hour;  or 
In  class  E,  a  rate  of  speed  of  sixteen  (16)  miles  per  hour:  or 
In  class  F,  a  rate  of  speed  of  fourteen  I  14  i  miles  per  hour:  ami  no 
commercial  motor  vehicle  with  pneumatic  tires,  the  chassis  of  which 
weighs  less  than  two  thousand  (2,000)  pounds,  shall,  at  any  time, 
exceed  a  rate  of  speed  of  twenty  six  (26)  miles  per  hour. 

Provided,  That  the  authorities  having  charge  of  the  highways  may, 
in  dangerous  or  built-up  sections  or  at  schoolhouses,  churches,  and 
public  playgrounds,  place  signs  marked  ''fifteen  (15)  mile  speed  limit," 
in  letters  not  less  than  five  (5)  inches  in  height.  Such  of  these  signs 
as  are  placed  at  the  entrance  to  the  city,  borough,  town,  or  village  of 
the  highways  that  are  State  highways  shall  also  bear  the  name  of  the 
city,  borough,  town,  or  village,  in  letters  of  the  same  size.  Said  signs 
shall  be  placed  on  the  right-hand  side  of  the  highway,  facing  the  traffic 
to  be  controlled,  clearly  legible  therefrom,  and  at  these  places  the 
speed  limit  shall  not  exceed  a  rate  of  one  (1)  mile  in  four  (4  i  minutes 
for  a  distance  beyond  said  sign  of  not  more  than  one-eighth  (1/8)  of 
a  mile:  and.  if  such  highway  is  still  in  a  dangerous  or  built-up  sir 
t  ion,  a  second  sign,  similar  to  the  above  described,  may  be  erected, 
and  the  speed  limit  shall  not  exceed  the  rate  of  one  (1)  mile  in  four 
l  '  minutes  for  not  more  than  one-eighth  ( 1/8)  of  a  mile  beyond  said 
sign  ;  and  as  many  signs  may  be  erected  as  may  be  necessary.  At  the 
end  of  said  dangerous  or  built-up  sections,  there  shall  be  erected  a 
sign  reading  'end  of  fifteen  ( 15 )  mile  speed  limit,"  in  letters  uot  less 
than  five  (5i  inches  in  height;  said  signs  to  be  placed  at  right  angles 
to  the  highway  and  facing  the  traffic  to  be  controlled. 

Sec.  1!>.  A.cl  of  June  30,  11)19.  P.  L.  678,  as  amended  by  Sec.  8,  An  ,,(  May 
If..  1921,   1'.   L.  582. 

Reckless   driving   upen    the   highway  is   the   failure   to   exercise  reasonable 

ordinary  rare  in  the  use  of  it.     Non-expert  witnesses  ar >mpetent  in  express 

an  opinion  as  to  the  rate  of  speed  of  an  automobile — if  their  every  day  exper- 
ience gives  tin  in  sufficient  knowledge  to  form  an  intelligent  judgment  on  the 
subject:     Commonwealth  v.  Oodshalk,  76  Super.  Ct.   ~>i>h. 

In  a  prosecution  under  the  Act  of  July  7.  1913,  I*.  L.  »>7L'.  it  was  held  that 
an  indictment  framed  in  the  words  <>f  the  act  is  good:  Com.  v.  Richer,  35 
Lane.  L.  R.  1 ',. 

Under  the  Act  of  1913,  which  limits  the  rate  of  .speed  to  one  mile  in  two 
and  one-half  minutes,  it  was  held  that  driving  an  automobile  at  the  rate  of 
fifty  miles  an  hour  on  a  public  highway  is  a- violation  of  the  act:  Everitt  V. 
Auuiiu,  tJtJ  Super.  Vt.    'i'/.I. 


411 

In  a  prosecution  under  the  Act  of  1913,  the  allegation  in  a  complaint  that 
the  defendant  ran  "in  a  reckless  manner,"  at  a  place  where  a  "run  slow" 
sign  had  not  been  erected  by  the  local  authorities,  can  be  construed  only  that 
he  ran  at  a  speed  in  excess  of  twenty-four  miles  an  hour,  the  speed  limit  pre- 
scribed in  section  14,  of  the  act :  Com  v.  Vollmer,  25  D.  R.  1070  s.  c.  65  P.  L. 
J.  12;  7  M.  L.  R.  212;  U  Pa.  C.  C.  1,62;  33  Lane.  L.  R.  125. 

The  provision  that  no  person  shall  operate  a  motor  vehicle  "recklessly  or 
at  a  rate  of  spied  greater  than  is  reasonable  and  proper,  having  regard  to  the 
width,  traffic  and  use  id'  the  highway,  or  so  as  to  endanger  property,  or  the 
life  or  limb  of  any  person"  is  not  void  for  uncertainty.  Com.  v.  Clime  26  D. 
R.  663;  s.c  34  Lane.  L.  R.  85;  see  Com.  v.  Davidson,  21  J>.  R.  SS5. 

A  borough  ordinance  provided  :  "No  motor  or  ether  vehicle  shall  be  driven 
at  a  greater  speed  than  one  mile  in  four  minutes  within  this  borough,  and  in 
congested  districts  a  further  reduction  of  this  speed  must  be  observed,  con- 
sistent with  safety  to  other  vehicles  and  pedestrians."  Held  this  provision 
is  inconsistent  with  the  Act  of  July  7,  1913,  P.  L.  672,  fixing  the  speed  limit 
for  motor  vehicles  and  is  void;  Richards  v.  Borough  of  Freedom,  65,  P.  L. 
■I.  600:  s.  0.  34  Lane.  L.  R.  395. 

Where  tlie  ownership  of  the  car  is  established  and  where  the  testimonj  of 
three  persons  positively  defines  the  offense,  place  and  manner  thereof,  and 
this  is  met  only  by  denial  of  defendent  1  vvner,  unsupported  by  other  evidence, 
that  he  committed  the  offense,  he  was  properly  found  guilty :  Com.  v.  Becker, 
■!.',  Lnc.  L.  R.  66,  s.  c.  19  Luz.  23. 

In  construing  Sec  13,  of  the  Act  of  July  7,  1913,  P.  L.  672,  it  was  held 
that  constables  have  no  authority  to  erect  danger  signs  in  a  borough  unless 
properly  authorize?!  by  the  burgess  and  council :  Com.  v.  J.  Clyde  Myton,  16 
Look.  J.  234;  s.  c.  6  Leh.  246;  18  Dau.  393;  f  M.  L.  R.  27,  7/4  Pa.  C. 
C.  329;  64  P.  L.  J.  427. 

In  a  case  of  summary  conviction  by  a  magistrate  for  a  violation  of  the 
above  section  the  dependent  has  "the  fight  of  appeal  as  in  other  cases  of  sum- 
mary conviction."     Com.  v.  Tannehaum,  22  Lack  L.  J.  ^2  s.  c.  34  York  197. 

1937.  Every  motor  vehicle  on  the  public  highway  shall,  from  one 
hour  after  sunset  until  one  hour  before  sunrise,  show  at  least  two 
lights  of  approximately  equal  power  on  the  front  of  such  vehicle  that 
shall  be  clearly  visible  from  a  distance  of  at  least  two  hundred  (200) 
feet;  Provided,  That  motor-cycles  to  which  no  side  car  is  attached 
need  display  only  one  such  light ;  but  no  brilliant  light  shall  be  dis- 
played on  any  motor  vehicle  standing  on  the  left-hand  side  of  the  high- 
way: And  further  provided,  That  the  council  of  any  city  or  borough 
or  the  commissioners  or  supervisors  of  any  towTnship  may,  by  ordin- 
ance, establish  zones,  in  brightly  lighted  sections,  within  which  motor 
vehicles  may  remain  standing  without  lights. 

When  any  motor  vehicle  or  motor-cycle  is  in  motion  on  a  public 
highway  not  so  lighted  as  to  render  any  substantial  object,  clearly 
discernible  at  a  distance  of  two  hundred  (200)  feet,  it  shall  show  a 
front  lamp  or  lamps  furnishing  illumination  in  accordance  with  the 
following  provisions : 

Motor  vehicles  shall  display  lighted  front  lamps  furnishing  suf- 
ficient illumination  to  render  clearly  discernible,  on  a  level  highway, 


415 

any  substantial  object  two  hundred  (200)  feet  directly  ahead,  and 
any  substantial  object  one  hundred  (100)  feet  ahead  and  seven  (7) 
feet  to  the  right  of  the  axis  of  such  vehicle,  and  this  provision  shall 
be  deemed  to  be  complied  with  if  the  apparent  candlepower  of  the 
combined  beams  of  the  lamps,  as  measured  one  hundred  (100)  feel 
directly  ahead  of  the  vehicle  on  a  level  surface  and  at  a  height  not  less 
than  one-half  (1/2)  the  distance  of  the  center  of  the  reflector  above 
said  level  surface,  is  not  less  than  forty-eight  hundred  (4,800  j,  and 
if  the  apparent  candlepower,  as  measured  one  hundred  (100)  feet 
ahead  of  the  vehicle  and  seven  (7)  feet  to  the  right  of  the  axis  thereof 
at  any  point  not  above  the  level  of  the  head  lamp,  is  not  less  than 
twelve  hundred  (1,200  i. 

Motor-cycles  shall  display  a  lighted  front  lamp  or  front  lamps  furn- 
ishing sufficient  illumination  to  render  clearly  discernible,  on  a  level 
highway,  any  substantial  object  one  hundred  and  forty  (140)  feet 
directly  ahead,  and  any  substantial  object  seventy  (70)  feet  ahead 
and  five  (5)  feet  to  the  right  of  the  axis  of  such  vehicle,  and  this  pr<> 
vision  shall  bo  deemed  to  be  complied  with  if  the  aparent  candlepower 
of  the  combined  beams  of  the  lamps,  as  measured  one  hundred  (10U) 
feet  directly  ahead  of  the  vehicle  on  a  level  surface  and  at  the  height 
not  less  than  one-half  1 £ 1  The  distance  of  the  center  of  the  reflector 
above  said  level  surface,  is  not  less  than  twenty-four  hundred  (2,400) 
and  if  the  apparent  candlepower,  as  measured  one  hundred  (100)  feet 
ahead  of  the  vehicle  and  seven  (7)  feet  to  the  right  of  the  axis  there- 
of at  any  point  above  the  level  of  the  head  lamp,  is  not  less  than  six 
hundred  (600). 

The  lamps  of  all  vehicles  shall  be  so  arranged,  adjusted,  and  operat- 
ed as  to  avoid  dangerous  glare  or  dazzle,  and  so  that  no  dangerous 
glaring  or  dazzling  rays  from  the  lamps  of  any  vehicle  on  a  level  road 
can  be  projected  at  such  an  angle  above  the  level  as  to  enter  the  eyes 
of  approaching  drivers  or  pedestrains,  and  this  provision  shall  be 
deemed  to  be  complied  with  if  the  apparent  candlepower  of  the  beam 
or  combined  beams  of  the  lamp  or  lamps,  as  measured  one  hundred 
(100)  feet  ahead  of  the  vehicle  on  a  level  surface  and  five  (5)  feet 
ahove  the  level  surface,  does  not  exceed  twenty -four  hundred  (2,400) 
directly  in  front  of  the  vehicle,  and  eight  hundred  (800)  at  a  point 
seven  (7)  feet  to  the  left  of  the  axis  of  the  vehicle  and  at  the  same 
height. 

Every  motor  vehicle,  including  motor-cycles,  shall  also,  whether 
standing  or  in  motion,  display  one  red  light  on  the  rear  thereof,  and, 
if  a  trailer  be  attached  to  such  motor  vehicle  or  another  motor  vehicle 
is  being  towed  so  as  to  obscure  such  red  light,  then  a  red  light  shall 
be  displayed  on  the  rear  of  such  vehicles  or  such  trailer:  Provided, 
That  a  motor  vehicle,  while  standing  upon  any  public  highway,  may 


416 

exhibit  only  a  parking  light  in  accordance  with  the  provisions  further 
set  forth  in  this  section. 

The  registration  plate  on  the  rear  of  every  motor  vehicle,  includ- 
ing motor-cycles  and  trailers,  shall  also  be  clearly  illuminated  dur- 
ing the  same  period,  except  when  such  vehicle  is  standing  upon  any 
public  highway  and  exhibiting  a  parking  light  in  accordance  with  the 
provisions  further  set  in  this  section. 

All  additional  or  supplemental  lights,  including  movable  spotlights 
or  searchlights,  shall  fully  comply  with  these  restrictions,  and  the 
rays  of  light  from  any  such  searchlight  or  spotlight  shall  at  no  time 
extend  to  the  left  of  the  center  of  the  highway. 

Every  motor  vehicle,  while  standing  upon  any  public  highway  at 
such  times  as  lights  are  required  by  the  provisions  of  this  section  for 
such  motor  vehicles,  may,  in  lieu  of  the  lighting  equipment  specified 
in  this  act,  show  one  light  of  at  least  two  (2)  candlepower,  carried 
on  the  left  side  of  the  car  in  such  a  manner  as  to  be  visible  to  the  front 
and  rear  and  so  as  to  show  white  to  the  front  and  red  to  the  rear, 
shall  be  considered  a  full  compliance  with  the  terms  of  this  clause. 

^Xo  red  light  shall  be  displayed  on  the  front  of  any  motor  vehicle. 

The  State  Highway  Commissioner  may,  after  laboratory  test  in 
conformity  with  standard  specifications,  appro ve  certain  devices  for 
controlling  the  front  lights  of  motor  vehicles  so  that  they  shall  comply 
with  the  provisions  of  this  section,  upon  the  payment  of  such  fee  as 
he  may  deem  necessary  to  cover  the  actual  cost  of  such  tests,  not  to 
exceed  the  sum  of  fifty  ($50)  dollars,  and  may  issue  a  certificate  to 
the  applicant,  describing  the  device  and  certifying  that  such  tests  have 
been  made,  and  that  the  device,  when  properly  applied,  complies  with 
the  requirements  of  this  act. 

See.  20,  Act  of  Juiie  30,  1919,  P.  L.  078,  as  amended  by  Sec.  9,  Act  of  May 
ltf,  1921,  P.  L.   582. 

It  is  a  violation  of  the  act  to  park  an  automobile  having  any  method  of 
lighting  other  than  that  prescribed  by  the  act:  Com.  v.  Krell,  1-i  M.  L.  /.'.  I. 
Note  the  changes  provided  by  the  amendment  of  1921. 

1938.  Every  motor  vehicle  shall  be  provided  when  in  use  with  ade- 
quate brakes,  capable  of  controlling  such  vehicle  under  all  normal 
conditions,  and  with  an  adequate  horn,  bell  or  other  signal  device, 
and,  where  such  vehicle  is  so  constructed  or  covered  as  to  prevent  the 
operator  thereof  from  having  a  sufficient  view  of  the  traffic  following, 
it  shall  be  equipped  with  a  mirror  or  other  device  that  will  enable 
the  operator  to  see  the  road  to  the  rear. 

Sec.  21,  Act  of  June  30,  1919,  P.  L.  G78. 

1939.  Every  operator  of  a  motor  vehicle  shall  sound  his  horn, 
bell,  or  signal  device,  giving  reasonable  warning  of  his  approach 
whenever  necessary  to  insure  the  safety  of  other  users  of  the  highway, 


117 

and  before  passing  anv  vehicle  he  may  overtake  or  pedistrian  using 
any  purl  of  the  highway  other  than  the  sidewalk,  also  at  curves  and 
intersecting  highways  where  the  view  of  approaching  vehicles  for  ;i 
distance  of  one  hundred  (100)  feel  is  obscured,  but  the  horn,  bell 
or  other  signal  device  shall  not  be  sounded  unnecessarily. 

Sec.  22,  Art  of  June  30,  1919,  I'.  L.  <'.7s. 

Where  the  record  of  a  justice  of  the  peace  shows  thai  be  treated  a  pro- 
ceeding  before  him  for  failure  to  sound  an  automobile  horn  as  an  ordinary 
<-i\il  proceeding,  and  not  as  a  summary  proceeding,  the  judgmenl  will  bo  set 
aside.  In  such  a  case  the  fad  thai  the  defendant  after  a  certiorari  issued 
did  not  fill'  exceptions  until  more  than  ten  days  after  the  return  day  will  n  t 
defeal  his  right  to  take  advantage  of  ;1  defect  in  the  record,  if  the  cms. 
regularly  went  on  the  argument,  list  and  was  heard  on  its  merits:  Weston  r. 
Oommontoealth,  et  «/.   '<<>  /'</.  C.  C.  299. 

1040.  No  person,  whether  an  employe  of  the  owner  or  custodian 
of  any  motor  vehicle  or  not,  shall  tamper  with  or  make  use  of  or 
operate  any  motor  vehicle  without  the  knowledge  or  consent  of  the 
owner  or  custodian  thereof. 

No  person  shall  operate  a  motor  vehicle  while  under  the  influence 
of  intoxicating  liquor  or  any  narcotic  or  habit  producing  drug,  or 
permit  any  person  who  may  be  under  the  influence  of  intoxicating 
liquor  or  narcotic  drugs  to  operate  any  motor  vehicle  owned  by  him 
or  in  his  custody  or  control. 

Xo  person  shall  fake  part  in  any  race  or  speed  contest,  for  a  prize 
or  wager  or  otherwise,  upon  any  public  highway,  or  attempt  to 
establish  or  lower  any  speed  record  upon  any  public  highway. 

Any  operator  of  a  motor  vehicle  who  shall  have  injured  the  person 
or  property  of  any  other  user  of  the  highway  shall  stop,  and  render 
such  assistance  as  may  be  necessary,  and  shall,  upon  request,  give 
his  name  and  address  to  the  injured  party  or  his  proper  representa- 
tive. This  provision  shall  apply  to  the  owner  of  the  motor  vehicle, 
if  present,  whether  he  was  operating  such  motor  vehicle  or  not. 

Xo  person  shall  (urn  oil  any  or  all  of  the  lights  on  a  motor  vehicle 
tor  the  purpose  of  avoiding  identification  or  arrest. 

Any  person  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  ami.  upon  conviction  thereof, 
shall  be  sentenced  to  pay  a  fine  of  not  less  than  one  hundred  ($100) 
dollars  nor  more  than  five  hundred  ($500)  dollars,  or  to  undergo  im- 
prisonment not  exceeding  one  (1  I  year,  or  both,  at  the  discretion  of 
the  court,  and  the  clerk  of  the  court,  in  which  such  conviction  is  had 
shall  certify  forthwith  such  convict  inn  to  the  State  Highway  Com- 
missioner, who  shall  suspend   or  revoke  the  license  issued  to  such 


27 


418 

person,  and  no  other  license  shall  be  issued  to  such  person  for  a  period 
of  one  (1)  year  following  such  suspension  or  revocation. 

Sec.  23,  Act  of  June  30,  1919,  P.  L.  678,  as  amended  by  Sec.  10,  Act  of  May 
16,  1921,  P.  L.  582. 

An  indictment  under  section  16  of  the  Act  of  July  7,  1913,  P.  L.  672,  which 
charged  that  the  defendant  did  "unlawfully  operate  a  motor  vehicle  upon  th° 
streets  of  the  city  of  Lancaster,  Pa.,  when  intoxicated,"  was  held  to  be  good. 
This  offense  is  specifically  excepted  from  the  provisii  ns  of  section  21  of  said 
act,  providing  for  summary  conviction  and  where  the  magistrate's  return 
shows  that  a  complaint  was  properly  made,  a  hearing  had  and  the  defendant 
gave  bail  to  answer  at  court,  (where  the  same  would  be  presented  to  the 
Grand  Jury  in  Ordinary  course)  the  proceedings  are  proper :  Com.  v. 
Snider,  35  Lane.  L.  R.  75. 

In  a  case  coming  within  the  provisions  of  See.  16,  of  the  Act  of  1913  it  was 
decided  that  the  proper  proceedings  was  by  warrant  and  indictment.  Com.  r. 
Dimegilo,  25  D.  R,  830,  s-  c.  J,Jf  Pa,  G.  G.  3',;  30  York  15;  13  Del.  J,37 . 

1941.  No  motor  vehicle  of  any  description  shall  be  used  or  oper- 
ated on  the  public  highways  unless  the  engine  be  muffled  so  that  the 
explosions  thereof  shall  not  constitute  a  nuisance  to  the  public;  and 
no  muffler  cut-out  shall  be  used  on  any  public  highway. 

No  motor  vehicle  shall  be  used  upon  any  public  highway  with 
chains  or  other  devices  projecting  more  than  one  (1)  inch  upon  the 
tires  thereof. 

No  commercial  motor  vehicle  shall  be  used  or  operated  on  any 
public  highway,  the  Aveight  of  which,  including  chassis,  body,  and 
load,  shall  be  in  excess  of  seven  thousand  (7,000)  pounds  for  a  vehicle 
in  class  AA,  eleven  thousand  (11,000)  pounds  for  a  vehicle  in  class 
A,  thirteen  thousand  (13,000)  pounds  for  a  vehicle  in  class  B,  eighteen 
thousand  (18,000)  pounds  for  a  vehicle  in  class  C,  twenty-two  thou- 
sand (22,0.00)  pounds  for  a  vehicle  in  class  D,  and  twenty-five  thou- 
sand (25,00^0)  pounds  for  a  vefhicle  in  class  E,  and  twenty-six  thou- 
sand (2G,000)  pounds  for  a  vehicle  in  class  F;  and  no  commercial 
motor  vehicle,  the  chassis  of  which  weighs  less  two  thousand  (2,000) 
pounds/  shall  be  used  or  operated  on  any  public  highway  when  the 
weight  of  said  chasis,  body,  and  load  combined  exceeds  five  thousand 
(5,000)  pounds. 

No  motor  vehicle  or  trailer  shall  be  operated  upon  any  public  high- 
way, having  a  gross  weight  of  vehicle  and  load  combined  in  excess  of 
twenty  six  thousand  (26,000)  pounds  or  in  excess  of  nineteen  thou- 
sand five  hundred  (10,500)  pounds  on  any  axle,  or  in  excess  of  eight 
hundred  (800)  pounds  on  any  one  wheel  for  each  nominal  inch  of 
width  of  tire  on  such  wheel,  or  that  exceeds  an  over-all  length  of 
vehicle  of  three  hundred  and  thirty-six  (336^  inches,  except  hook- 
and-ladder  trucks  and  water-towers,  or  an  over  all  width  of  vehicle 
and  load  of  ninety  (00)  inches.     All  commercial  vehicles  or  trailers. 


419 

registered  under  this  act,  shall  have  painted,  on  ;i  conspicuous  place 
on  the  outside  and  on  both  sides  of  said  vehicle  or  trailer,  the  maxi- 
mum weight  limit  of  said  vehicle  or  trailer,  including  chassis,  body, 
and  load,  in  figures  three  (3)  inches  high.  Any  person  or  persons 
carrying,  on  any  motor  vehicle  or  trailer,  a  load  in  excess  of  the 
maximum  carrying  capacity  as  so  fixed  by  this' act,  or  any  person  or 
persons  who  remove  or  disfigure  said  signs,  shall,  upon  summary 
conviction  thereof  before  a  justice  of -the  peace,  alderman,  or  magis 
trate,  be  subject  to  a  line  of  not  less  tjlian  one  hundred  ($100)  dollars 
or  more  than  two  hundred  i  $200  I  dollars,  and  the  justice  of  the  peace, 
alderman,  or  magistrate  imposing  such  fine  shall  forthwith  certify 
such  conviction  to  the  State  Highway  Commissioner  of  Pennsylvania, 
who  may  forthwith  revoke  the  license  of  any  licensee  so  convicted. 

Any  person  intending  to  use  a  truck  or  trailer  for  special  hauling. 
moss  weight  of  vehicle  and  load  combined  or  of  length  in  excess  of 
the  specifications  hereinbefore  mentioned,  shall  apply  to  the  State 
Highway  Commissioner  for  permission  so  to  do  upon  a  blank  in  such 
form  as  the  State  Highway  Department  shall  prescribe.  Such  ap 
plication  shall  set  forth  the  location  of  the  roads  over  which  it  is  pro- 
posed to  haul,  the  counties,  townships,  and  municipalities  in  which 
such  roads  are  located,  the  weight  and  length  of  truck,  and  its  reg 
istration  number,  the  number  of  trailers  to  be  used,  the  maximum 
capacity  of  such  trailers  the  weight  of  each  when  empty,  the  kind  of 
materials  to  be  hauled,  and  the  date  at  which  said  hauling  will  be 
completed. 

The  State  Highway  Commissioner,  upon  receipt  of  such  application 
and  a  fee  of  five  ($5)  dollars,  shall  immediately  inform  himself  as  to 
the  condition  of  the  highway  mentioned  in  said  application  by  referr- 
ing the  same  to  the  local  authorities  or  otherwise,  and  if  satisfied 
that  the  purposed  use  of  such  roadways  will  not  resull  in  damage 
thereto,  may  grant  a  permit  for  such  number  of  days,  and  under  such 
restrictions,  as  in  liis  discretion  may  be  necessary  to  prevent  extra 
ordinary  damage  to  the  roads  by  reason  of  such  hauling. 

All  the  provisions  of  this  section  shall  apply  to  the  owner  of  the 
motor  vehicle,  or  the  person  Inning  control  thereof,  who  causes  or 
permits  such  motor-  vehicle  to  be  operated  or  equipped  contrary  to 
Mich  provisions,  and  any  such  person  shall  be  deemed  equally  guilty 
with  the  operator  of  any  violation  thereof. 

Sec.  24,  A.ct  of  June  30,  11)10.  p.  L.  678,  as  amended  by  Sec.  11.  Act  ,,f  May 
16,  1021.   P.  L.  582. 

Whoro  in  a  prosecutii  n  against  (lie  owner  of  a  motor  truck  for  carrying  a 
1<>a<l  in  excess  of  the  maximum  capacity  fixed  by  the  manufacturer,  the  only 
evidence  is  that  thp  truck  was  overloaded,  that  it  was  the  property  of  tht 
defendant,  and  that  it  was  being  driven  by  the  defendant's  employee,  the 
prosecution  cannot  be  maintained,   and  if  the  defendant  is  found  guilty  the 


420 

verdict  will  be  set  aside  and  the  defendant  discharged  :     Com.  r.  Bloom  80  I). 
R.  6J,8. 

1942.     No  operator  of  a  motor  vehicle  who  meets  or  overtakes  a 

street  passenger  car  that  has  stopped  for  the  purpose  of  taking  on 
or  discharging  passengers,  shall  pass  said  car  on  the  side  on  which 
the  passengers  get  on  or  off  until  the  car  has  started  and  until  any 
passengers  who  may  he  alighted  shall  have  reached  the  side  of  the 
highway. 

When  meeting  or  Avhen  overtaken  by  any  other  vehicle  legally 
traveling  at  a  greater  rate  of  speed,  the  operator  of  any  motor  vehicle 
shall  turn  promptly  to  the  right  of  the  center  of  the  highway,  al- 
lowing such  other  vehicle  free  passage  to  the  left. 

The  operator  of  any  motor  vehicle  overtaking  another  vehicle  shall 
pass  such  vehicle  on  the  left,  but  shall  not  attempt  to  pass  any  such 
vehicle  at  intersecting  highways,  or  at  a  sharp  turn  or  curve  or  on 
approaching  the  crest  of  a  hill  where  a  full  view  of  the  highway 
ahead  for  a  distance  of  two  hundred  (200)  feet  is  obstructed. 

Every  operator  of  a  motor  vehicle  shall,  at  all  times,  keep  as  close 
as  possible  to  the  right-hand  side  of  the  highway,  allowing  other 
vehicles  free  passage  to  the  left,  and  no  operator  of  a  motor  vehicle 
shall  allow  such  vehicle  to  stand  in  the  center  of  the  highway  or  so 
as  to  obstruct  or  interfere  with  any  other  users  thereof. 

At  the  intersection  of  public  highways,  the  operator  of  a  motor 
vehicle  shall  keep  to  the  right  of  the  intersection  of  the  center  of  such 
highways  when  turning  to  the  right,  and  shall  pass  to  the  right  of 
such  intersection  before  turning  to  the  left. 

When  two  vehicles  approach  the  intersection  of  two  public  high- 
ways at  the  same  time,  the  vehicle  approaching  from  the  right  shall 
have  the  right  of  way. 

When  signaled  to  do  so  by  the  rider  or  driver  of  any  horse  or  other 
animal  of  draft  or  burden,  the  operator  of  a  motor  vehicle  shall  stop 
until  any  danger  has  been  avoided. 

Sec.  25,  Act  of  June  30,  1919,  P.  L.  678. 

In  an  action  for  damages  for  personal  injuries  caused  by  the  defendant's 

"     failure  to  stop  his  automobile  before  passing  a  trolley-car  which  had  stopper! 

to  take  on  passangers.  the  defendant  cannot  avail  himself  of  the  defense  of 

contributory  negligence:     Clark  v.  Reardon,  87  Lane.  L.   R.   503,  s.  c.    V.9. 

P.  L.  J.  26. 

Where  the  paths  of  two  approaching  vehicles  cross  at  die  intersection  of 
1  ublic  streets,  the  driver  at  the  left  must  give  way,  unless  so  far  in  advance  of 
the  other  as  to  afford  reasonable  time  to  clear  the  crossing,  and  thus,  in  all 
probality,  avoid  a  collision  :     Weber  v.  Greenebaum,  270  Pa.  882. 

Where  the  warrant  and  information  charges  an  offense  against  Sec.  25,  of 
the  act  and  the  transcript  of  the  magistrate  sets  forth  a  violation  of  section 
19.  the  proceedings  will  be  reversed  on  certiorari :  Com.  v.  Levy,  80  D.  R. 
891,.  .<?.  c.  1  Bonier.  355. 


421 

It  is  no  offense  in  itself  to  drive  a  motor  vehicle  Bear  the  left  side  of  th« 
street  as  tin  s t .-it u t < •  requires  ;i  motor  vehicle,  under  certain  conditions,  to  be 
driven  on  the  left  side  of  the  street:     Com.  v.  Qalbo,  ■'<<)  I).  /»'    r,r, 

Tlie  provision  thai  when  two  vehicles  approach  a  road  intersection  al  the 
same  time,  the  vehicle  approaching  from  tli"  righl  has  the  ri^li t  of  way  does 
nol  applj  where  one  vehicle  is  well  in  advance  of  the  other.  Whether  the 
vehicles  were  on  che  righl  cr  lefl  side  of  the  road  has  nothing  to  do  with  this 
phase  of  the  ease:     Suavely  v.  Leaman,  -is  Lane.  I  .  R.  ■'. 

L943.  The  operator  of  any  motor  vehicle  shall  stop  upon  request 
or  signal  of  any  constable,  police  officer,  or  member  of  the  State 

Police  Force,  or  designated  officer  of  tin-  Stale  Highway  Department, 
who  shall  be  in  uniform  or  shall  evhibil  his  badge  or  other  sign  of 
authority:  and  shall,  upon  request,  exhibit  his  registration  certificate 
or  license,  and  shall  write  his  name  in  the  presence  of  such  officer,  if 
so  required,  for  the  purpose  of  establishing  his  identity.  He  shall 
also  furnish,  to  any  legally  constituted  authority,  any  information 
in  his  possession  as  to  the  identity  of  the  operator  or  owner  of  any 
motor  vehicle. 

Any  constable  or  police  officer  or  member  of  the  State  police  force 
or  designated  officer  of  the  State  Highway  Department,  who  shall 
be  in  uniform  or  shall  exhibit  his  badge  or  other  sign  of  authority, 
shall  have  the  right  to  stop  any  motor  vehicle,  upon  request  or  signal, 
for  the  purpose  of  inspecting  the  said  motor  vehicle  as  to  its  equip- 
ment or  manufacturer's  number  or  motor  number  or  weight  and 
securing  such  other  information  as  may  be  necessary. 

Se«-.  26,  Act  of  June  30,  1919,  I'.  I..  <;?*.  as  amended  by  Sec.  12,  Act  of  .May 
16.   1921,   P.   L.  5S2. 

A  proceeding  by  indictment  fur  the  offense  of  refusing  to  stop  a  motor  car 
at  the  request  of  an  officer  of  the  State  Department  of  Highways  is  coram 
non  judice  and  void,  there  being  no  such  offense  at  common  law,  and  no 
statutory  provision  that  would  support  an  indictment.  By  this  section  and 
and  section  ."!.*!  of  the  act  this  offense  is  defined  and  made  punishable  by  line  to 
be  collcted  by  process  of  summary  conviction,  subject  to  the  right  of  the  ac- 
cused, at  his  i  ption,  to  be  tried,  by  a  judge  of  the  court  of  quarter  sessions, 
rather  than  by  the  magistrate,  upon  entering  security,  but  this  gives  no 
general  jurisdiction  to  the  quarter  sessions  to  be  exercised  by  indictment: 
Com.  v.  Sutton.  21  Lack,  J.  100;  s.  c.  29  D.  R.    1002;  68  P.   L.  J.   300. 

11)44.  Operators  of  motor  vehicles  shall  have  the  same  rights  upon 
the  public  highways  ;is  the  drivers  of  other  vehicles,  ami  no  public 
highway  open  to  other  vehicles  shall  be  closed  to  motor  vehicles. 

S,..     27.    Ad    of  June   30,    llHit.   P.   L.   678. 

\(.)AT}.  It  being  the  purpose  of  this  act  to  provide  a  system  or  code 
of  law  regulating  the  use  and  operation  of  motor  vehicles  through- 
out this  Commonwealth,  no  city,  borough,  incorporated  town,  town- 
ship, or  county,  shall  hereafter  adopt,  maintain,  or  enforce  any  rule. 


422 

regulation,  or  ordinance,  regulating  the  speed,  equipment,  use,  or 
operation  of  motor  vehicles  other  than  city  or  borough  ordinances 
regulating  the  stopping  and  parking  of  vehicles,  or  the  establish- 
ments of  zones  in  which  vehicles  may  park  at  night  without  lights  as 
provided  in  section  twenty  of  this  act,  the  use  of  certain  streets  as 
one-way  streets,  or  regulating  the  kind  and  weight  of  traffic  on  cer- 
tain streets  and  in  public  parks,  or  the  establishment  of  safety  zones ; 
Provided,  however,  That,  no  such  special  regulation  shall  be  effective 
unless  notice  of  the  same  is  posted  conspicuously,  by  the  municipality 
making  the  same,  at  points  where  any  highway  affected  thereby  joins 
other  highways,  and  no  regulation  shall  be  valid  which  excludes  such 
vehicles  from  any  State  highway  or  from  any  main  highway  leading 
from  one  municipality  to  another: 

Provided,  That  an}"  city  may  regulate  the  transportation  by  motor 
vehicles  of  passengers  for  pay  within  the  limits  of  such  city  or  from 
points  in  the  city  to  points  beyond  the  city  limits,  and  make  and  en- 
force regulations  for  the  operation  of  such  vehicles,  not  inconsistent 
with  this  act,  and  designate  certain  streets  upon  which  such  vehicles 
may  be  operated. 

Sec.  28,  Act  of  June  30,  1919.P.  L.  678,  as  amended  by  Sec.  13,  Act  of  May 
It!,  1921,  P.  L.  582. 

1946.  All  information  for  offenses  defined  in  this  act,  committed 
by  motor  vehicle  owners  or  operators,  shall  be  brought  under  this 
act,  and  not  under  any  local  ordinance,  rule,  or  regulation,  and  all 
such  informations  shall  be  made  before  a  mayor,  burgess,  magistrate, 
alderman,  or  justice  of  the  peace  within  the  city,  borough,  incor- 
porated town,  or  township,  wherein  such  offense  is  alleged  to  have 
occurred  if  there  be  no  mayor,  burgess,  magistrate,  alderman,  or 
justice  of  the  peace,  within  the  city,  borough,  incorporated  town,  or 
township,  wherein  such  offense  is  alleged  to  have  occurred,  then 
information  shall  be  made  before  a  nearby  mayor,  burgess,  magis 
trate,  alderman,  or  justice  of  the  peace;  except  in  the  case  of  a 
misdemeanor,  when  the  information  shall  be  made  in  the  county 
wherein  the  offense  is  alleged  to  have  occurred. 

When  the  rate  of  speed  of  any  motor  vehicle  is  timed  on  a  measured 
stretch  of  any  highway  for  the  purpose  of  ascertaining  whether  or 
not  the  operator  of  such  motor  vehicle  is  violating  the  provisions  of 
this  act,  such  time  shall  be  taken  by  not  less  than  two  (2)  persons, 
one  of  whom  shall  have  been  stationed  at  each  end  of  such  measured 
stretch,  and  no  conviction  shall  be  had  upon  the  unsupported  evidence 
of  one  person,  and  no  such  measured  stretch  shall  be  less  than  one- 
eighth  (1/8)  of  a  mile  in  length. 

Sec.  29,  Act  of  June  30,  1919,  P.  L.  678,  as  amended  by  Sec.  14,  Act  of  May 
16,  1921,  P.  L.  582. 


4l>:: 

!n  proceedings  againsl  violators  cf  the  speed  provisions  of  the  act,  the 
testimony  of  tw.>  witnesses  is  not  required,  excepl  in  cases  in  which  the  motor 
vehicle  was  timed  <>n  a  measured  stretch  of  highway:  Molar  Vehicles,  1920 
Dauphin,  70,  ».  ,.•.  Q8  P.  /..  ./.  194,  6  Dept.  Rep.  525,  ','■>  Pa.  0.  C.  90,  29 
D.  B.  1112. 

1947.  In  any  proceeding  for  the  violation  of  the  provisions  of 
this  act,  or  for  damages  growing  out  of  the  use  or  operation  of  a 
motor  vehicle,  the  registration  number  displayed  on  such  motor 
vehicle,  shall  be  prima  facie  evidence  that  the  owner  of  such 
vehicle  was  i lien  operating  the  same:  Provided;  however,  That  if  at 
:tny  hearing  or  proceeding  the  owner  shall  testily  under  oath  or 
affirmation  that  he  was  not  operating  the  said  motor  vehicle  at  the 
time  of  the  alleged  violation  of  this  act,  and  shall  submit  himself  to 
an  examination  as  to  who,  at  that  time,  was  operating  such  motor 
vehicle,  and  reveal  the  name  of  the  person  if  known  to  him  or,  if  the 
information  is  made  in  a  county  other  than  that  of  his  own  residence, 
shall  forward  to  the  mayor,  burgess,  magistrate,  alderman,  or  justice 
of  the  peace  an  affidavit  setting  forth  these  facts,  then  the  prima 
facie  evidence  arising  from  the  registration  number  shall  be  over- 
come and  removed,  and  the  burden  of  proof  shifted. 

Sec.  30,  Act  of  June  30,  1919,  P.  L.  678. 

The  registered  number  on  an  automobile  is  only  presumptive  evidence  that 
the  car  belongs  to  the  party  to  whom  the  license  was  issued  and  this  pre- 
sumption may  be  rebutted  by  positive  evidence  that  the  ear  has  been  sold  to 
another:     Refalovitch  r.  Klinger  Company  66  P.  L.  J.  277. 

Where,  in  proof  of  violation  of  section  14  of  the  Act  of  1913,  prima-facie 
evidence  of  motor  ear  ownership  was  established  by  defendant  owner  ad- 
mitting- that  the  ear  bearing  a  given  registered  number  belonged  to  him,  and 
while  he,  unsupported  by  other  testimony,  denied  that  he  committed  the  offense, 
luir  he  did  not  allege  that  any  one  other  than  himself  ever  operated  the  ear  or 
was  operating  it  at  the  time  of  the  alleged  violation  of  the  act,  he  was 
properly  found  guilty :  Com.  v.  Becker,  19  Luz.  L.  R.  Rep.  2?,  g.  c.  84 
Lane.  L.  R.  66. 

19-18.  Constables  and  police  officers  of  the  State,  and  the  cities, 
boroughs,  incorporated  towns,  townships,  and  counties  of  this  Com- 
monwealth, may  arrest,  upon  view,  any  person  or  persons  violating 
any  of  the  provisions  of  this  act,  and  such  officer  shall  forthwith 
make  and  tile  with  the  mayor,  burgess,  magistrate,  alderman,  or 
justice  of  the  peace,  before  whom  the  person  arrested  is  taken,  an 
affidavit  setting  forth  in  detail  the  offense  complained  of,  and  at 
once  furnish  a  copy  thereof  to  the  person  arrested. 

1 1  the  defendant  is  unable  to  give  bail,  as  is  provided  for  in  section 
thirty-three  of  this  act,  for  a  hearing  or  for  his  appearance  at  court. 
the  mayor,  burgess,  magistrate,  alderman,  or  justice  of  the  peace 
shall  accept  as  bail  any  article  of  sufficient  value,  or,  provided  the 
defendant  is  the  owner  thereof,   shall  hold   in   custody   the  motor 


m 

vehicle  found  in  his  possession,  and  the  court,  mayor,  burgess,  magi- 
strate, alderman,  or  justice  of  the  peace,  after  the  trial  of  the  defend- 
ant or  when  bail  according  to  law  has  been  given,  shall  make  such 
order  as  to  the  disposition  of  such  motor  vehicle  or  other  articles 
accepted  as  bail  as  shall  seem  just  and  proper. 

Sec.  31,  Act  of  June  30,  1930,  l\  L.  B78. 

In  a  prosecution  under  section  11)  of  the  Act  of  July  7.  1913,  P.  L.  <>72,  it 
was  decided  that,  where  an  affidavit  or  ini'<  rnu.th  n  was  not  served  with  the 
warrant  served  by  the  constable  or  other  officer  having  authority  to  serve 
warrants,  but  the  defendant  appeared  to  answer  to  the  warrant,  made  no 
objection  to  the  service  and  submitted  to  a  hearing,  an  appeal  will  not  be 
granted  on  account  of  defective  service.  Com.  r.  Becker,  34  Lwiic.  /..  R.  (i-l. 
s.  c.  19  Luz.  L.  R.  Rep.  23. 

In  a  case  where  an  arrest  was  made  by  an  officer  on  Aug.  21,  and  a  hear- 
ing had  on  Aug.  24,  it  was  held  that  the  failure  to  furnish  a  copy  of  tin- 
information  to  the  defendant  until  the  day  of  hearing  was  a  fatal  delect,  and 
on  certiorari  the  proceedings  were  set  aside;     Com.  v.  Levy,  30  D.  R.  ,s.'/J. 

1949.  Proceedings  under  this  act  may  be  commenced  by  warrant 
issued  in  the  name  of  the  Commonwealth,  which  warrant  may  be 
nerved  by  a  constable,  policeman,  or  other  officer  having  authority 
to  serve  warrants,  in  the  county  in  which  the  violation  is  alleged  to 
have  been  commited,  but  if  the  person  charged  cannot  be  served 
within  such  county,  then  the  burgess,  magistrate,  alderman,  or  jus- 
tice of  the  peace,  shall  deputize  a  constable,  policeman,  or  other 
officer  having  legal  authority  to  serve  warrants  in  the  county  where- 
in bhe  person  charged  resides  or  may  be  found,  wflto  shall  serve  such 
warrant,  and  for  such  service  shall  receive  the  usual  fee  and  expenses 
therefor  as  allowd  by  law  for  such  service. 

A  copy  of  the  information  shall  be  served  with  such  warrant, 
and  the  officer  serving  such  warrant  shall  take  the  defendant  before 
the  nearest  magistrate,  alderman,  or  justice  of  the  peace,  of  the  coun- 
ty in  which  the  defendant  is  found,  who  shall  take  bail  either  for  the 
defendant's  appearance  before  the  mayor,  burgess,  magistrate,  alder- 
man, or  justice  of  the  peace,  who  issued  the  warrant,  or  for  his  ap- 
pearance for  trial  in  tjhe  proper  court  if  a  summary  hearing  is 
waived. 

All  information  charging  violation  of  any  of  the  provisions  of 
this  act,  excepting  violations  of  the  provisions  in  section  three,  ten, 
eleven,  fourteen,  sixteen,  twenty-three,  twenty-four,  thirty-four,  and 
thirty-five,  shall  be  brought  within  two  (2)  weeks  after  the  commis- 
sion of  the  alleged  offense  and  not  after:  Provided,  That  before  the 
service  of  any  warrant,  and  within  the  period  of  seven  (7)  days 
niter  information  has  been  lodged,  the  mayor,  burgess,  magistrate, 
alderman,  or  justice  of  the  peace  shall  mail  to  the  person  so  charged 
at  the  address  shown  by  the  records  of  the  State  Highway  Depart- 
ment a  notice  in  writing  of  the  issuing  of  the  warrant,  together  with 


425 

a  copy  of  the  information,  and  if  the  person  named  in  the  warrant 
shall  not  voluntarily  appear  with  ten  (10)  days  thereafter,  the 
warrant  may  then  be  si  rved  as  herein  provided. 

Sec.  32,  Ad  of  June  30,  L919,  P.  L.  678. 

I!);")!).  Any  person,  except  as  provided  in  section  three,  four, 
eleven,  fourteen,  sixteen,  twenty-three,  twenty  four,  thirty-four,  and 
thirty-five,  convicted  of  violating  any  of  the  provisions  of  this  act. 
shall  be  subject  to  a  fine  or  penalty  of  not  less  than  ten  (flO)  dollars 
nor  more  than  twenty-five  (f25)  dollars,  to  be  collected  by  summary 
conviction  before  any  mayor,  burgess,  magistrate,  alderman,  or 
justice  of  the  peace,  as  like  lines,  and  penalties  are  now  by  law 
collected,  or,  in  case  of  nonpayment  of  such  fine,  to  undergo  an  im- 
prisonment in  the  county  jail  for  a  period  not  exceeding  five  (5) 
days;  Provided,  That  any  person  so  convicted  shall  have  the  right 
of  appeal  as  in  other  cases  of  summary  convictions:  And  further 
provided,  That  any  person  accused  of  violating  any  of  the  provisions 
of  this  act  may  waive1  summary  hearing,  and  crive  bond  in  a  sum 
equal  to  double  the  amount  of  the  maximum  fine  that  might  he 
imposed  for  appearance  for  trial  before  a  judge  of  the  court  of 
quarter  sessions,  or  in  the  county  court,  or  in  the  municipal  court 
in  counties  wherein  such  courts  exist,  and  thereupon1  the  burgess. 
magistrate,  alderman,  or  justice  of  the  peace  shall,  within  fifteen 
I  15)  days,  return  the  complaint  or  information  to  the  said  court, 
and  if  any  person  so  accused  shall  be  convicted  in  such  court  of 
of  the  offense  charged,  he  shall  be  subject  to  a  fine  of  not  less  than 
ten  ($10)  dollars  nor  more  than  twenty-five  fS2."">  i  dollars,  or,  in 
case  of  nonpayment  of  such  fine,  to  undergo  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  five  (5)  days. 

Any  person  previously  convicted  of  violating  any  of  the  provisions 
of  this  act  shall,  upon  c  >nvirt:on  of  air  second  of  subsequent  viola- 
tion within  a  period  of  six  (6)  months  after  such  conviction,  be 
subject  to  pay  a  fine  of  not  less  than  twenty  live  ($25)  dollars  nor 
more  than  fifty  ($50)  dollars,  or.  in  case  of  nonpayment  of  such  fine 
to  undergo  imprisonment  in  the  county  jail  for  a  period  not  exceeding 
ten  (10)  days;  Provided  That  any  person  so  accused  of  any  second 
or  subsequent  violation  of  the  provisions  of  this  act  shall  have  the 
same  right  of  appeal,  or  may  waive  summary  hearing,  in  the  same 
manner  and  upon  lite  same  conditions,  as  is  provided  for  in  cases 
of  first  violation. 

Sec.  •'!■•:.  Act  of  June  30,  1919,  1'.  T,.  678,  as  amended  by  Sec.  15,  Act  of 
Mm   16,  1921,  P.  L.  582. 

fn  case  of  a  summary  conviction  for  a  violation  of  the  act.  the  defendant 
lias  the  right  <>f  appeal  as  in  other  pases  of  summary  conviction.     The  ap- 


426 

peal  must  be  taken  within  five  days  after  the  date  of  conviction  nn  allowance 
by  the  court  or  by  ji  judge  thereof,  on  cause  shown  and  upon  giving  security 
before  the  court.  If  these  conditions  are  not  observed  the  appeal  cannot  be 
heard.  The  question  of  the  regularity  of  the  conviction  or  the  jurisdiction 
of  the  magistrate  cannot  be  considered  on  an  appeal;  but  must  be  brought 
before  the  court  on  certiorari ;  Com,,  v.  Tanneoaum,,  69  P.  L.  J.  780, 
a.  c.  30  D.  R.  943. 

See  note  to  Sec.  1943. 

in  construing  section  21  of  the  Act  of  July  7,  1913,  P.  L.  672,  which  in 
general  import  is  similar  to  this  section,  it:  was  held  that  the  act  is  not  un- 
constitutional: Two  methods  of  hearing  are  provided;  First,  waving  the 
summary  hearing  and  demanding  a  trial  by  jury;  or  second,  trial  before 
the  magistrate,  and  after  conviction,  appeal,  to  be  heard  as  cases  of  summary 
conviction  are  usually  heard.  In  the  former  proceeding  the  case  is  to  be 
.tried  by  jury  and  in  the  latter  before  the  court.  Where  defendant  gave  bail 
for  a  hearing  but  the  record  shows  no  hearing  but  a  recognizance  for  ap- 
pearance at  court,  it  is  to  be  presumed  that  the  defendant  chose  the  first 
method.  An  improper  recognizance  can  be  perfected :  Com.  v.  Richer, 
35  Lane.  L.  R.  77,. 

In  Com.  v.  Davis,  44  Pa.  C.  C.  562,  s.  c.  6!,  P.  L.  J.  692;  33  Lane.  L. 
II,  388;  14  Del.  Ill,  it  was  held  that  where  a  person  waives  a  hearing  be- 
fore a  justice  of  the  peace  and  secures  a  trial  by  jury,  the  proceeding  before 
the  court  and  jury  is  a  summary  conviction,  of  which  a  grand  jury  has  no 
jurisdiction.  But  see  contra,  Com.  v.  Clime  26  D.  R.  663;  s.c.  34  Lane. 
L.  R.  85;  Com.  v.  Richer,  35  Lane.  L.  R.  74. 

Proceedings  under  the  Act  of  1913  are  either  by  warrant  in  cases  rf  mis- 
demeanor, or  by  suit  for  a  penalty  as  provided  for  in  section  21  of  the  act : 
Com.  v.  Dimegilo,  25  D.  R.  8S0,  s.  c.  13  Del.  Co.  437:  30  York  15;  !,',  Pa. 

c.  c.  34. 

Under  the  Act  of  1913,  a  judgment  of  a  justice  of  the  peace  against  a  de- 
fendant was  set  aside  where  the  record  of  the  justice  failed  to  set  forth  in 
substance  the  evidence  taken  on  behalf  of  the  Commonwealth  and  of  the 
defendant:  Com.  v.  Davies,  43  Pa.  C.  C.  536,  s.c.  6  Lehigh  338;  Com. 
v.  tihive,  28  York.  113. 

Under  the  Act  cf  1913,  it  was  decided  that  one  who  operates  an  automobile 
upon  a  public  highway  without  displaying  a  license  number  tag  on  the  car, 
may  pe  convicted  of  a  violation  of  the  act  although  the  owner  of  the  car  was 
riding  with  him  at  the  time  and  has  also  been  fined  by  a  justice  of  the  peace 
for  the  same  offense.  It  is  no  defense  that  defendant  was  a  minor,  and  com- 
mitted the  offense  under  the  direction  of  his  father,  who  was  the  owner  of 
the  car  and  rode  with  him  at  the  time.  Com.  v.  Buzzard,  27,  D.  R.  21,  s.  c. 
',.-,  Pa.  C  C.  396. 

1951,  All  lines  and  penalties  collected  under  the  provisions  of  this 
ad  for  violations  of  the  same  and  all  bail  forfeited  shall  be  paid  to 
the  State  Treasurer,  to  be  placed  in  a  deposit-fund  to  be  available 
for  the  use  of  the  State  Highway  Department,  except  those  collected 
for  violations  of  the  provisions  as  to  speed  or  weight,  which  shall  be 
paid  to  the  treasurer  of  the  city,  borough,  town,  or  township,  where- 
in the  violation  occurred,  to  be  used  for  the  construction,  repair, 
and  maintenance  <>f  the  highways  thereof,  and  sworn  statements  of 
nil  fines  and  penalties  so  collected  shall  also  be  made,  upon  blanks 
l<>  l»e  furnished  by  the  Slate  Highway  Department,  by  Hie  burgess. 


427 

magistrate,  justice  of  the  peace,  or  other  officer  imposing  or  re- 
ceiving  the  same,  to  tin-  State  Bighway  Commissioner.  Said  reports 
shall  be  made  quarterly,  no1  later  than  the  tenth  tiothi  day  of  the 
months  of  January,  April,  July,  and  October  of  each  year.  Any 
burgess,  magistrate,  justice  of  the  peace,  <>r  other  officer,  who  shall 
fail  <<>  make  such  quarterly  reports  and  returns,  or  either  of  them, 
shall  be  deemed  guilty  of  a  misdemeanor  in  office,  and.  upon  convic- 
tion thereof,  shall  be  suhject  to  a  line  of  not  less  than  one  hundred 
is|00)  dollars  nor  more  than  five  hundred  dollars  (|500)  dollars, 
or  imprisonment  in  the  county  jail  for  a  period  of  sixty  (60)  days. 
or  both,  at  the  discretion  of  the  court. 

Sec.  35,  Act  of  June  .•:<>.  1!M<).  P.  L.  678. 

This  section  is  substantially  a  re-enactmenl  of  Sec.  22  of  the  Act  of  July 
7,  1913,  P.  Tj.  072.  with  the  addition  of  forfeited  bail.  In  construing  the 
Act  of  1913  it  was  decided  that  the  return  of  fines  mid  penalties  imposed 
must  be  sworn  to  before  some  officer  other  than  the  person  making  the  re- 
turn :  In  re  Administration  of  Oaths,  Opinion  by  Wm.  fl.  Keller,  Dep.  Attn. 
O en.  3  Dep.  Rep.  .',63. 

A  justice  of  the  peace  having  found  the  defendant  guilty  <  f  violating  the 
act,  lie  lias  no  alternative  hut  to  impose  a  fine.  He  has  no  power  to  remit 
the  fine  and  collect  only  h's  costs:     Motor  Vehicles  Fines.  68  1'.  L.  •/.  698. 

(b)     Regulations  for  Vehicles  Other  Than  Motor  Vehicles. 

L952.  On  and  after  the  first  day  of  July,  one  thousand  nine  hun- 
dred and  nineteen,  from  one  hour  after  sunset  until  one  hour  before 
sunrise,  or  whenever  it  is  impossible  to  distinguish  substantial  ob- 
jects at  a  distance  of  two  hunded  feet,  there  shall  be  displayed  upon 
every  vehicle  excepting  agricultural  machinery  and  such  as  are  pro- 
pelled by  hand  or  are  loaded  with  hay  or  straw  in  bulk,  while  stand 
ing  <)]■  in  motion  upon  any  public  highway  in  the  State  of  Pennsyl- 
vania, at  least  one  white  light,  which  shall  be  clearly  visible  for  a 
distance  of  at  least  two  hundred  (200)  feet  from  both  the  front  and 
the  rear  of  such  vehicle. 

Sec.    1.   Ad    of  June  12.  11)10.  P.  L.  451. 

195:1     No  vehicle   meeting   or   overtaking   a    street  passenger  car 
that  has  stopped  for  tdie  purpose  of  taking  on  or  discharging  pas 
sengers.  shall  pass  such  car.  on  tin'  side  on  which  passengers  get  on 
or  off,  until  the  car  has  started,  and   until   any  passenger  who  may 
have  alighted  shall  have  reached  the  side  of  the  highway. 

Sec.  2.   Act  of  dune  12.  1919,  1'.  I..   151. 

L954.  Sh>u  moving  and  heavily  ladened  vehicles  shall,  at  all  times. 
keep  us  near  to  the  right-hand  boundary  of  the  highway  or  to  the 
right-hand  curb  as  possible,  and  the  driver  of  any  vehicle,  meeting 


428 

another  vehicle  or  overtaken  by  another  vehicle  travling  a1  a  greater 
speed,  shall  turn  promptly  to  the  right,  of  the  center  of  the  highway, 
allowing  such  other  vehicle  free  passage  to  the  left;  and  no  vehicle 
shall  be  permitted  to  stand  in  the  center  of  any  highway  or  so  as  to 
obstruct  or  interfere  with  traffic  thereon. 

m 

See.  3,  Act  of  June  12,  1919,  P.  L.  451. 

1955.  The  term  ''public  highway,"  as  used  in  this  act,  shall  include 
all  roads,  streets,  avenues,  alleys,  and  public  places,  and  all  public- 
bridges  and  the  approaches  thereto. 

Sec.  4.  Act  of  June  12.  1919.  P.  L.  451.  ' 

L956.     Constables  and  police  officers  of  the  cities,  boroughs  incor- 
porated towns,  townships,  and  counties,  in  Pennsylvania,  and  mem 
bers  of  the  State  Police  Force,  may  arrest,  upon  view  and  without 
warrant,  any  person  violating  any  of  the  provisions  of  this  act. 

Sep.  5,   Act  of  June  12,  191!).  P.  L.  451. 

1957.  Any  person  violating  any  of  the  provisions  of  this  act  shall 
be  subject  to  a  fine  of  not  less  than  two  ($2.00)  dollars  nor  more 
than  five  ($5.00)  dollars  for  each  offense,  to  be  collected  by  summary 
conviction  before  any  burgess,  alderman,  magistrate,  or  justice  of 
the  pease,  which  fine  shall  be  paid  into  the  treasury  of  the  city. 
borough,  incorporated  town,  or  township,  wherein  the  offense  his 
occurred.  In  the  case  of  nonpayment  of  such  fine,  such  person  shall 
undergo  an  imprisonment  in  the  county  prison  for  a  period  not  ex- 
ceeding five  (5)  days. 

Sec.  6.  Act  of  June  12.  1919,  P.  L.  451. 

1958.  All  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed;  bnt  nothing  in  this  act  shall  effect  or  limit  the  special 
requirements  for  the  display  of  lights  or  the  regulation  and  restric- 
tions placed  upon  motor  vehicles. 

Sec.  7.   Act  of  June  12,  1919,  P.  L.  451. 


429 
CHAPTER    XXXVII. 

FENCES. 

L959.  It  shall  and  is  hereby  declared  to  be  lawful  for  any  land 
i  wner  within  this  Commonwealth  to  construct,  build  and  maintain, 
along  any  of  the  .highways  of  this  commonwealth,  fences  made  in 
whole  or  in  part  of  wire  without  barbs,  subject  al  all  times  to  such 
restrict  ions  and  prohibitions  as  may  be  imposed  by  the  municipal 
authorities  relative  thereto. 

Sec.  1.  An  of  Maj  2,  1899,  P.  L.  L63. 

1!M)(>.  A  fence,  in  whole  or  in  part  of  wire,  without  barbs,  is 
hereby  declared  to  he  a  legal  and  lawful  fence,  within  the  meaning 
and  provisions  of  any  act  of  the  legislature  of  this  state  relative 
lo  the  building,  constructing  and  maintaining  of  line  fences,  pro- 
vided that  such  wire  fence  shall  be  of  the  height  required  by  such  acl 
or  acts. 

Sec.  2,  Act  of  May  2,  1899,  P.  L.  163. 

This   :.<-t    does   not    make   it    unlawful    to   build    ;i    wire   fence   with   barbs: 
Dice   v.   Rumler,   J,7   Pa.   C.   0.    ',?. 

1961.  Whereas,  From  the  different  acts  of  Assembly  in  regard 
to  fence  laws  in  this  Commonwealth,  grave  complications  and  liti- 
gations arise  between  owners  of  real  estate  as  to  the  line  of  partition 
fences: 

From  and  after  the  passage  of  this  act,  owners  of  inproved  and 
occupied  land  shall  erect  and  maintain  an  equal  part  of  all  line  or 
division  fences  between  them,  nor  shall  any  such  owner  he  relieved 
from  liability  under  the  provisions  of  this  act  except  by  the  consent 
of  the  adjoining  owner.  And  if  any  owner  of  such  improved  and 
occupied  land  shall  fail  or  neglect  to  erect  or  maintain  his,  her  or 
their  share  of  such  line  or  division  fence,  the  parly  aggrieved  shall 
notify  the  township  (or  borough)  auditors,  whose  duty  it  shall  be 
to  examine  such  line  or  division  fence,  so  complained  of;  and  if 
they  find  said  fence  sufficient,  the  complainant  shall  pay  the  cost- 
of  their  services,  which  shall  he  two  dollars  for  each  day's  service; 
hut  if  they  find  such  fence  insufficient,  they  shall  so  report  to  a 
justice  of  the  peace,  residing  in  the  county  where  such  fence  is 
located,  designating  points  and  distances  of  such  fence,  whether  a 
new  fence  is  required  or  whether  the  old  one  can  he  repaired,  and 
the  probable  costs  of  a  new.  or  the  repair  of  the  old,  fence;  and 
said  justice  shall  notify  the  delinquent  owner  of  such  improved 
and  occupied  land  of  the  auditors'  report,  and  that  his  part  of  said 


430 

fence,  as  found  by  the  auditors,  he  erected  or  repaired  within  forty 
days  from  the  dale  of  such  notice;  and  if  such  notice  be  not  complied 
with  the  aggrieved  party  may  cause  said  line  or  division  fence  to  he 
erected  or  repaired,  and  the  costs  thereof  collected  from  the  delin- 
quent owner  of  such  improved  and  occupied  land,  as  other  debts  are 
collected  by  law:  Provided,  however,  That  no  owner  of  improved 
land  shall  be  compelled  to  build  or  repair  fence  during  the  months 
of  December,  January,  February,  and  March:  And' provided  further, 
That  nothing  herein  contained  shall  be  construed  to  apply  to  rail- 
road companies. 

Sec.  1,  Act  of  April  t4,  1905.  P.  L.  162. 

It  is  suggested  in  Scheidy  v.  Huey,  18  D.  R.  967,  that  this  act  supersedes 
the  Act  of  March  11.  1842,  P.  L.  62,  see  Sees.  1963-1970. 

1962.  Where  an  owner  has  improved  up  to  and  erected  upon 
the  line  a  division  fence,  and  an  adjoining  owner  subsequently 
improves  and  occupies  up  to  said  line,  he  shall  become  liable  to 
the  former  for  such  part  of  the  cost  of  said  fence  as  is  just  and 
reasonable,  taking  into  consideration  the  quantity  of  the  fence,  the 
length  of  time  it  had  been  erected  and  its  condition.  And  in  case 
the  parties  fail  to  agree  on  the  amount  to  be  paid,  the  owner  who 
erected  said  fence  may  complain  to  the  auditors,  aforesaid,  who 
shall  assess  the  amount  which,  in  their  opinion,  the  other  party 
should  pay ;  which  amount,  with  costs,  may  be  recovered  as  pro- 
vided in  section  one  of  this  act. 

Sec.  2,  Act  of  April  14,  1905,  P.  L.  162. 

A  report  of  borough  auditors  as  to  the  rebuilding  of  a  partition  fence  under 
this  act  and  preceedings  thereon  are  void  where  there  was  no  notice  given  to 
and  no  personal  attendance  by  the  party  charged  with  the  cost  of  repairs: 
Garpentei-  v.  Wolf;  37  Iianc.  L.  R.  Jfl ;  s.  a.  84  York  9,  affirmed  in  To' 
Super.  Ct.  863. 

Neither  the  auditor  nor  the  justice  of  the  peace  has  auy  right  to  determine 
the  line  upon  which  a  fence  should  be  built,  this  involves  a  question  of  title. 
Crowley  v.  Hastings  et  ul.  36  Mont.  L.  R.  3Jf. 

Unless  the  required  acts  provided  for  in  this1  act  to  give  a  party  the  right 
to  have  a  fence  built  appear  from  the  record  to  have  been  performed  there  can 
be  no  collection  of  the  amount  claimed  for  the  erection  of  a  fence :  Singer  et 
al,  r.  Detrick,  '.)  -hist.  L.  R.  106. 

The  auditor's  report  which  fails  to  set  forth  within  a  reasonable  certainty 
the  beginning  and  ending  points  of  such  line  fence  cr  definitely  locate  it  by 
courses  and  distances  or  otherwise,  is  defective  and  insufficient  in  law:  Grim 
v.  Ilerbst,  9  Just.  L.  R.  221;  s.  c.    >',  York  99. 

For  proceedings  for  ihe  erection  of  a  partition  fence  under  this  act,  notice 
of  the  view  by  the  township  auditors  must  be  given  to  the  defendant, 
although  the  statute  does  not  expressly  require  such  notice.  The  preamble 
to  this  act  would  appear  to  indicate  an  intention  to  make  it  a  revision  of 
and  substitute  for  the  existing  fence  laws:     Scheidy  r.  Uuey,   18  D.  R.  967. 


Township  audit*  :i    when  iv  nci    viewers  have  judicial  functions  Inn 

do  not  constitute  a  court  nor  is  their  decision  subject  t<>  appeal.  No 
particular  form  is  made  essential  to  the  validity  of  their  report  and  when 
their  duty  has  been  substantially  performed,  their  certificate  has  all  the 
force  intended  by  the  statute:      Turner  v.  Richards,  ■'<)  Super.  Ct.  624? 

1963.  In  addition  to  the  duties  now  imposed  upon  the  township 
auditiors  they  shall  hereafter  perform  the  duties  hereinafter  pre 
scribed  as  fence  viewers.  That  in  addition  co  the  oath  now  pre- 
scribed, to  be  taken  by  the  auditors  they  shall  annually  be  sworn  or 
affirmed,  to  discharge  their  duties  as  such  viewers  faithfully  and 
impartially. 

Sec.   1.  Acl   of  March   1 1,   1842,  P.  L.  62. 

The  acl  of  April  -I,  1889,  P.  L.  l'T,  repealing  the  fence  ad  of  1700  is  not 
inconsistent  with  this  acl  and  did  not  repeal  it.  It  is  suggested  in  Scheidy 
r.  Huey,  18  Dist.  R.  967,  that  this  act  is  superseded  by  the  Act  of  April  14, 
1905,  P.  L.  162. 

A  justice  of  the  peace  cannot  usurp  the  jurisdiction  of  fence  viewers. 
Where  the  parties  cannot  agree  the  viewers  must  determine  whether  a  new 
fence  is  necessary  or  whether  the  old  should  be  repaired:  Weaver  v.  Block, 
1  Just.  L.  K.  80,  s.  c.  18  Mont.  C.  195. 

1064.  In  case  of  the  death,  removal  or  resignation  of  any  fence 
viewers,  and  auditors,  so  elected,  the  judges  of  the  court  of  the 
proper  county,  shall  appoint  a  suitable  person  to  till  the  vacancy,  for 
the  unexpired  term  of  the  person  whose  place  is  vacant. 

Sec.  2,  Act  of  March  11,  1S42,  P.  L.  62. 

1965.  When  any  two  persons  shall  improve  lands  adjacent  to 
each  other,  or  where  any  person  shall  enclose  any  land  adjoining 
m  another's  land  already  fenced  in,  so  that  any  part  of  the  first 
persons  fence  becomes  the  partition  fence  between  them,  in  both 
these  cases  the  charge  of  such  division  fence,  so  far  as  is  enclosed  on 
both  sides,  shall  be  equally  borne  and.  maintained  by  both  parties. 

Sec  :;.  Act  of  March   11,  1842,  I'.  L.  62. 

The  provisions  of  this  net  do  nol  apply  i"  unimproved  lands:  Palmer  r. 
Silverthom,  32  Pa.  65. 

Where  the  land  between  adjoin ers  is  unimproved  and  unoccupied  the  Town- 
ship auditors  have  no  jurisdiction  to  view  and  determine  the  question  of 
necessity  or  liability.  The  decision  of  fence  viewers  is  not  final  and  does  not 
have  the  force  of  a  special  verdict,  especially  where  it  is  alleged  that  they  had 
no  jurisdiction :     Farber  v.  Straup,  \\  Just.  /..  /«'■  825. 

If  one  of  two  adjacent  land  improvers  abandons  the  division  line  and  sets 
ids  fence  upon  his  i  wn  land,  and  throws  out  a  lane  to  public  use,  the  owners 
no  longer  improve  adjacent  lands  and  are  not  within  the  statutory  remedy: 
Rohrer  v.  Rohrer,  is  Pa.  S67. 

Where  a  private  lane  between  two  farms,  running  from  one  public  road  to 
another,  is  closed  by  the  *wner  of  the  land  upon  which  the  lane  is  situated, 


432 

the  other  owner  iiki.y  build  a  division  fence  along  his  side  of  the  lane  and 
compel  his  neighbor  to  contribute  to  the  cost  of  the  fence:  Odenwelder  v. 
Frankenfield,   153  Pa.  526. 

1966.  On  notice  given  the  said  viewers,  shall  within  five  days 
thereafter  view  and  examine  any  line  fence  as  aforesaid,  and  shall 
make  out  a.  certificate  in  writing,  setting  forth  whether  in  their 
opinion,  the  fence  of  one  (which)  has  been  already  built,  is  sufficient, 
and  if  not,  what  proportion  of  the  expense  of  building  a  new  or  re- 
pairing the  old  fence,  should  be  borne  by  each  party,  and  in  each 
case,  the}^  shall  set  forth  the  sum,  which  in  their  judgment  each 
party  ought  to  pay  to  the  other,  in  case  he  shall  repair  or  build  his 
proportion  of  the  fence,  a  copy  of  which  certificate  shall  be  delivered 
to  each  of  the  parties;  and  the  said  viewers  shall  receive  the  sum 
(d*  one  dollar  for  every  day  necessarily  spent  by  them,  in  the  dis- 
charge of  their  duties,  which  they  shall  be  entitled  to  receive  from 
the  delinquent  party,  or  in  equal  sums  from  each  as  they  shall  decide 
to  be  just. 

Sec.  4,  Act  of  March  11,  1842,  P.  L.  62. 

1967.  if  the  party  who  shall  be  delinquent  in  making  or  repair- 
ing of  any  fence,  shall  not  within  ten  days  after  a  copy  of  the  certi- 
ficate of  the  viewers  shall  have  been  delivered  to  him,  proceed  to  re- 
pair or  build  the  said  fence,  and  complete  the  same  in  a  reasonable 
time,  it  shall  be  lawful  for  the  parties  aggrieved,  to  repair  or  build 
1he  said  fence;  and  he  may  bring  suit  before  any  justice  of  the  peace 
or  alderman  against  the  delinquent  party,  and  recover  as  in  other 
actions,  for  work,  labor,  service  done,  and  materials  found,  and 
either  party  may  appeal  from  the  decision  of  the  justice  or  alderman 
as  in  other  cases. 

Sec.  5,  Act  of  March  11.  1842.  P.  L.  62. 

The  jurisdiction  of  a  justice  of  the  peace  under  this  act,  to  enforce  con- 
tribution is  not  ousted 'by  raising  a  question  of  title  to  the  land.  Where  there 
is  in  fact  a  partition  fence,  the  duty  of  contribution 'to  maintain  it  is  fixed 
and  neither  party  can  excuse  himself  from  this  duty  by  alleging  that  the 
line  is  in  dispute:     Stephens  v.  Shriver,  25  Pa.  78. 

1968.  The  said  viewers  shall  not  be  called  out  to  view  any  fence, 
between  the  first  day  of  November,  and  the  first  day  of  April,  of  the 
next  year. 

Sec.  6,  An  of  March  11,  1842,  P.  L.  62. 

L969.  If  any  viewer  shall  neglect  or  refuse  to  perform  any  duty 
herein  enjoined  upon  him,  he  shall  pay  for  each,  such  neglect  or 
refusal,  the  sum  of  three  dollars,  to  be  recovered  by  the  party 
aggrieved  as  debts  of  like  amount  are  recoverable. 

Sec.  7.  Act  of  March  11,  1842,  P.  L.  62. 


i:::; 
1970.     A    majority  of  the  viewers  in  each   township,  shall   be  a 

quorum,  and   shall    have  power   to  do  all    the  duties  herein  assigned. 
Sec.  8,  Act  of  March  11,  L842,  P.  L.  62. 

CHAPTER  XXXVIII. 

STRAYS. 

1071.  If  any  person  shall  discover  upon  his,  her  or  their  improved 
and  Inclosed  lands,  any  stray  cattle,  horse  or  sheep,  it  shall  and  may 
be  lawful  for  such  person  or  persons  to  take  up  the  same;  and  it 
shall  be  the  duty  of  such  person  or  persons  to  give  notice  thereof  to 
the  owner  of  such  stray,  if  he  or  she  can  be  readily  found,  hut  if 
otherwise,  such  person  as  aforesaid,  shall  within  four  days  deliver 
to  the  town-clerk  aforesaid,  a  particular  description  of  the  color 
and  marks,  natural  or  artificial,  of  such  stray  or  strays,  in  writing 
or  other  satisfactory  \v;iy  ;  and  for  every  neglect  or  refusal  to  d<» 
the  same,  he  or  she  shall  forfeit  and  pay  the  sum  of  five  dollars, 
to  be  recovered  as  debts  of  a  similar  amount  are  by  law  recoverable: 
and  it  shall  be  the  duty  of  the  town  clerk,  subject  to  like  penalty  for 
neglect  or  refusal  to  make  an  entry  of  the  same  in  the  book  afore 
said,  for  which  entry  so  made,  the  said  clerk  shall  receive  for  each 
head  of  horse  kind,  fifty  cents;  and  for  each  head  of  cattle,  twentv- 
five  cents;  for  every  sheep,  six  cents;  to  be  paid  by  the  person  deliver- 
ing such  notice  aforesaid  ■  and  such  person  may  detain  such  stray 
or  strays,  until  the  owner  thereof  shall  reimburse  him  or  her  the 
expence  of  such  entry,  and  also  pay  all  reasonable  charges  of  publish- 
ing such  notice,  which  shall  not  exceed  the  sum  of  six  cents  per  mile, 
to  be  estimated  from  the  residence  of  the  person  faking  up  such  stray 
or  strays,  to  the  place  of  keeping  the  book  aforesaid,  and  also  all 
reasonable  exnence  for  keeping  such  stray  or  strays,  as  well  as  the 
damage  which  mav  have  been  done  by  the  same. 

Sec.  2,  Act  of  April  13,  1807,  P.  L.  286. 

A  certiorari  does  nol  lie  to  a  justice  of  the  peace,  to  remove  proceedings 
had  before  him  under  this  act:     Frick  r.  Patton,   I  Ratcle  20. 

The  remedy  for  injury  to  property  done  bj  vagrant  hogs  is  either  under 
Hip  acl  of  1862,  if  defendant  permitted  his  hogs  to  run  at-  large,  and  th<>  stray 
laws  of  1807  and  1819:  or  under  the  act  of  1808  if  the  plaintiff's  fences 
were  "neighbor  like"  even  if  the  swine  were  accidently  at  targe:  or  1>.\  the 
common  law  remedy  by  action  of  trespass,  which  is  nol  repealed:  Mitchell 
r.  Wolf.    \6  Pa.   1'r- 

The  terms  cf  this  acl   musl    be   strictly  complied   with   and   everything 
sential   to   the  jurisdiction   of  court   must  appear   <>n   the   record  :     Fox    v. 
Crooks,  et  <d.    ',!  Pa.   C.  C.  561,  *.  c.   .",  I>.  R.    226  and  62  P.  I..  ■'.  55k; 


% 


434 

Inrin  r.  Mattox,  tS8  Pa.  '{18;  Hair  v.  Diller  IS  Pa.  521,  s.  c.  t/,  Lane.  1*.  R. 
6;  Mellinger  v.  Deibler,  1  Lane.  L.  />'.  78;   Wilbur  v.  Loveland,  5  Luz.  122. 

Tliis  act  1 1 : i fs  no  application  to  cattle  straying  across  an  unfenced  boundary 
line  between  their  owners'  field  and  the  field  of  a  neighbor :  Irwin  v.  Mattox 
138  Pa.  478. 

in  proceeding  under  this  act,  notice  must  be  given  to  the  owner  where  he  is 
known:  Shugar  v.  Molly,  ',  J'a.  C.  C.  77;  Ravr  v.  Diller,  18  Pa.  C.  G.  521; 
s.  c.  14  Lane.  1..  R.  6;  Rothey  v.  Worcester,  33  Pa.  C.  C.  168.  s.  c.  16 
D.  R.  692;  54  P.  L.  J.  (o.  s.)  297;  Vandamager  v.  Wood,  2  Ash.  203;  Mell- 
inger v.  Deibler,  I  Lane.  L.  R.  73;  Henry  v.  Herr,  7  Lane.  L.  R.  29;  Kelly 
V.  Stephens,  2  Foster  335. 

When  trespassing  cattle  are  detained  by  the  injured  party  the  presumption 
is  that  they  are  taken  in  the  exercise  of  a  claim  of  ownership  and  not  to 
recover  damages  under  the  Stray  Law  of  1807.  The  owner  must  proceed  by 
replevin  or  trespass  and  not  under  the  Stray  Law  unless  the  injured  party 
has  subjected  himself  to  that  act  by  giving  the  notice  or  filing  the  description 
of  the  cattle  with  the  town-clerk  as  required  by  section  '1  of  the  act.  Murphy 
V.  Dressier,  Uf  D.  R.  129,  s.  c.  2  Just.  L.  R.  149. 

The  Stray  Law  applies  only  to  lands  which  are  both  improved  and  fenced. 
The  repeal  of  the  fence  law  had  no  effect  on  the  Stray  Law  :  Murphy  v. 
Dressier,  14  D.  R.  129,  s.  c.  2  Just.  L.  R.  149. 

Where  an  action  of  replevin  has  been  brought  to  secure  possession  of  a  horse 
which  had  strayed  upon  defendants'  enclosed  lot  and  had  been  seized  by  the 
defendant  under  the  provisions  of  this  act,  the  defendant  can  not  be  de- 
prived from  the  benefit  of  his  lien  or  his  rights  under  Sec.  <'..  of  the  act  of 
April  19,  1901,  P  L.  88 :     Young  v.  Couche,  52  Super.  Ct.  592. 

When  cattle  are  taken  damage  feasant,  under  the  provisions  of  the  Act  of 
April  13,  1807,  replevin  cannot  issue  until  the  fees  and  charges  provided  by 
the  act  are  paid :     Moore  v.  Trout  and  Groff,  2  Del.  13. 

When  the  owner  of  strays  is  ascertained  by  the  injuted  party  or  the  justice 
after  the  commencement  of  proceedings  notice  of  the  time  and  place  of  the 
meeting  of  the  appraisers,  of  rheir  report  to  the  justice,  and  of  the  entry  of 
the  judgment  must  be  given  to  such  owner,  and  appear  upon  the  record : 
Melhiiger  v.  Deibler,  1  Lane.  L.  R.  73. 

Trespass  will  not  lip  against  one  who  takes  up  a  stray  cow  and  sends  her  to 
township  clerk,  although  lie  fail  to  give  notice  to  the  owner.  He  merely 
forfeits  his  right  to  damages:  Henry  v.  Dcrr.  7  Lane.  1j.  R.  29;  Kelly  v. 
Stephens,  2  Foster,  335. 

A  justice  of  the  peace  has  no  jurisdiction  over  strays  taken  upon  lands  in 
another  county:      Wilbur  r.  Loveland,  5  Luz.  122. 

1.972.  If  the  owner  of  any  such  stray  or  strays  taken  up  as  afore- 
said, shall  appear  and  neglect  or  refuse  to  make  or  tender  a  reason- 
able satisfaction  to  the  party  injured,  for  the  damages  sustained  l>y 
such  trespass,  and  for  the  cost  of  keeping  such  stray,  or  if  such 
person  or  persons  detaining  such  stray,  shall  not  accept  the  said 
satisfaction,  it  shall  be  lawful  for  either  of  the  parties  aforesaid,  to 


435 

complain  to  any  justice  of  the  peace  of  the  proper  township  or  county 
where  such  stray  shall  In- taken  up  as  aforesaid,  who  shall  upon  such 
complaint  and  application  issue  liis  warrant  directed  to  three 
disinterested  and  honest  freeholders  of  the  neighborhood,  commanding 
and  enjoining  them  forthwith  to  view  the  trespass,  i<>  value  and 
appraise  the  same,  having  «lue  regard  t«>  the  sufficiency  of  the  fence 

of  SUCh  enclosure,  with  the  expense  and  cost  [)f  keeping  the  said  stray 
or  strays,  to  make  report  thereof  to  him  the  said  justice  with  all 
convenient  speed;  which  said  valuation  and  appraisement  and  re 
turn,  they,  the  said  freeholders  are  hereby  enjoined  aifll  required 
to  make  accordingly;  and  it'  the  said  valuation  and  appraisemenl 
shall  not  amount  to  more  than  the  sum  of  money  tendered  to  the 
party  injured,  as  a  recompence  for  the  damage  done  as  aforesaid, 
before  such  complaint  made,  them  the  said  justice  shall  give  judg 
ment  for  the  same  only  l<>  the  party  refusing  such  tender,  and  award 
reasonable  costs;  but  if  the  said  valuation  shall  amount  to  more  than 
the  sum  tendered,  or  if  no  such  tender  he  made,  then  and  in  thai 
case  the  said  justice  shall  award  and  give  judgment  for  tin*  valua- 
tion aforesaid,  to  the  parties  injured,  with  reasonable  costs  for  keep 
ing  the  stray  aforesaid,  (to  he  estimated  from  the  lime  of  giving 
notice  as  aforesaid,)  against  the  other  party,  and  shall  award  ex- 
ecution upon  every  such  judgment,  with  cosis  of  suit  accordingly; 
Provided,  That  the  said  valuation  and  appraisement  come  within 
the  jurisdiction  of  the  said  justice,  hut  if  not.  then  the  said  damage 
shall  be  recovered  as  debts  of  an  equal  amount  are  by  law  recover- 
able: \A|nd  provided  always.  That  if  no  owner  for  any  such  stray  shall 
have  been  found,  within  thirty  days  after  the  same  shall  have  been 
taken  up.  then,  and  in  that  case,  the  person  taking  up  the  same. 
shall  not  be  entitled  to  receive  any  compensation  for  the  damages 
done  by  the  same,  unless  lie  shall  within  six  days  thereafter,  have 
given  notice  to  three  disinterested  freeholders  to  value  and  ascertain 
the  amount  of  the  same,  which  they  are  hereby  authorized  and  re 
quired  to  do  forthwith,  and  to  make1  report  thereof  on  oath  or  affirma- 
tion, to  any  justice  of  the  peace  residing  in  the  proper  township,  who 
shall,  when  the  owner  of  such  stray  shall  be  found,  upon  his  or  her 
neglect  or  refusal  to  pay  the  same,  give  judgment  ami  award  execu- 
tion with  costs  as  aforesaid:  And  provided  also.  That  if  the  amount 
of  the  said  appraisement  and  valuation,  be  not  within  the  jurisdic- 
tion of  a  justice  of  the  peace,  the  said  damage  may  he  sued  for  he- 
fore  any  court  of  competent  jurisdiction,  and  in  all  cases  before  a 
justice,  the  defendant  or  plaintiff  shall  have  like  benefit  of  stay  of 


436 

execution  or  appeal,  as  is  given  under  the  existing  laws  relating  to 
justices  of  the  peace. 

Sec.  S,  Act  of  April  13,  1807,  J'.  L.  286. 

J  ii  proceeding  under  this  act  the  record  must  show  affirmatively  that  all 
requirements  of  the  act  have  been  complied  with  :  Wilbur  v.  Loveland,  5  Luz. 
L.  R.  122;  Bair  v.  Diller,  18  Pa.  C.  C.  521,  s.  c.  14  Lane.  L.R.  6. 

Warrant  issued  to  the  appraisers  must  be  issued  to  them  as  freeholders: 
Hair  v.  Diller,  18  Pa.  C.  C.  521,  s.  c.  1>,  Lane.  L.R.  6. 

Notice  of  the  meeting  of  viewers  appointed  under  this  section  should  be 
given  to  the  owners  of  the  stray  rattle  although  statute  does  not  expressly  so 
require:     Rothey  v.  Worcester,  16,  1).  R.  692,  s.  c.  54  P.  L.  J.   (o.  s.)  297. 

The  stray  law  applies  only  to  lands  which  are  both  improved  and  fenced. 
The  repeal  of  the  Fence  Law  had  no  effect  on  the  Stray  Law :  Murphy  v. 
Dressier,  I',  D.  R.  129. 

Where  an  action  of  replevin  has  been  brought  to  secure  possession  of  a 
horse  which  had  been  seized  by  the  defendant  under  the  provisions  of  this  act, 
the  defendant  is  not  shut  up  to  the  remedy  provided  by  this  act  in  order  to 
secure  his  damages :     Young  v.  Couche,  52  Super.  Ct.  592. 

1973.  If  no  owner  shall  appear,  within  thirty  days  after  any  such 
stray  shall  have  heen  taken  up,  it  shall  be  the  duty  of  the  person 
taking  up  the  same,  to  cause  an  advertisement,  particularly  describing 
such  stray,  to  be  published  at  least  in  one  newspaper  in  the  proper 
county,  if  any  there  be,  but  if  otherwise,  to  publish  the  same,  by 
written  or  printed  advertisements,  which  shall  be  put  up  at  six  or 
more  public  places  in  the  county;  and  if  no  owner  shall  appear  and 
make  out  his  or  her  property  in  the  said  stray  or  strays,  within  nine- 
ty days  after  the  publication  of  such  advertisements  as  aforesaid, 
the  person  taking  up  the  same,  shall  make  application  to  any  jus- 
lice  of  the  peace  in  the  said  township,  who  is  hereby  authorized  and 
required  to  issue  his  warrant  to  any  constable  within  the  township 
as  aforesaid,  and  cause  him  to  expose  the  said  stray  or  strays  to 
public  sale,  first  giving  at  least  ten  days  notice  in  three  or  more  public 
places  in  the  said  township,  and  after  he  shall  have  sold  the  same, 
he  shall  make  a  return  thereof  to  the  said  justice,  who  shall  after 
the  payment  of  all  reasonable  charges,  and  damages,  and  cost  of 
keeping  as  aforesaid,  pay  over  the  surplus,  if  any  there  be  of  such 
sale,  to  the  county-treasurer;  but  if  the  owner  of  such  stray, or  strays 
shall  appear  within  one  year  after  such  sale,  and  prove  his,  her  or 
their  property,  to  such  stray  or  strays,  the  said  justice,  or  any  other 
in  the  county,  shall  certify  the  same  to  the  county  treasurer,  who 
shall  pay  to  the  said  owner,  the  whole  amount  of  such  surplus  afore- 
said, but  if  no  owner  shall  appear  within  the  time  limited  as  afore- 
said, he  or  she  shall  be  thereafter  barred  from  all  right  to  the  same, 
and  the  money  aforesaid,  may  be  applied  to  such  purposes  as  other 
moneys  in  the  treasury  usually  are. 

Sec.  4,  Act  of  April  13,  1807,  P.  L.  286. 


437 

L974.  It'  the  owner  of  any  stray  or  strays,  taken  up  under  author- 
ity of  the  act  to  which  this  is  a  supplement,  shall  not  appear  upon 
notice  given  or  having  appeared,  shall  negled  or  refuse  to  make  <»r 
tender  reasonable  satisfaction  to  the  party  injured,  for  the  damages 
sustained  by  reason  of  the  trespass  of  such  stray  and  for  the  costs 
of  keeping;  or  if  such  injured  party  shall  not  accept  the  satisfaction 
which  may  be  offered,  it  shall  he  the  duty  of  such  injured  party  to 
make  immediate  application  to  an\  justice  of  the  peace  of  the  proper 
county,  who  shall  proceed  upon  such  application  in  the  manner 
directed  by  the  act  to  which  this  is  a  supplement. 

Sic  2,  Act  of  March  5,  1815),  J'.  L.  87,  supplementing  act  of  April  13, 
1807,  P.  L.  286. 

The  remedy  for  injury  to  pn  peris  done  by  vagrant  hogs,  is  either  under 
the  act  of  1802  if  defendant  permitted  his  hogs  to  run  at  large,  and  tie-  straj 
laws  of  1807  and  1819  or  under  the  Act  of  1808  if  the  plaintiff's  fences  were 
"neighbor  like"  even  if  the  swine  were  accidentia  at  Large,  or  by  the  com- 
mon law  remedy  by  action  of  trespass,  which  is  not  repealed  by  the  stray 
laws  in  force  :     Mitchell  v.  Wolf,  Jfti  Pa.  l!fl. 

If  the  owner  is  found  after  proceedings  commenced,  the  amount  assessed  1>\ 
the  appraisers  must  he  made  known  to  him,  and  until  he  neglects  or  refuses 
to  pay  the  same  judgment  cannot  be  entered  against  him  by  the  justice: 
Mellinger  v.  Deibler,  1  Lane.  L.  It.  73. 

1975.  If  the  owner  shall  not  have  appeared  within  ten  days  after 
any  such  stray  shall  have  been  taken  up,  it  shall  be  the  duty  of  the 
person  taking  up  such  stray,  to  cause  the  same  to  be  advertised  in 
manner  prescribed  by  the  fourth  section  of  the  act  to  which  this  is 
a  supplement.  And  if  the  owner  shall  not  have  appeared  within 
sixty  days  after  such  advertisement  and  publication,  the  person  tak- 
ing up  the  same,  shall  make  application  to  a  justice  of  the  peace. 
atnl  the  same  proceedings  shall  be  had  as  are  directed  by  the  act  to 
which  this  is  a  supplement.  And  that  so  much  of  the  act  to  which 
this  is  a  supplement  as  is  hereby  altered,  be.  ami  the  same  is  hereby 
repealed. 

See.  :;.  Aet  of  March  5,  ISin.  P.  L.  87.  supplementing  Act  of  April  1.'!. 
1807,  P.  L.  286. 

L976.  The  provisions  of  the  act  of  the  thirteenth  day  of  April, 
one  thousand  eight  hundred  and  seven,  together  with  its  supplements, 
relating  to  strays,  be  and   the  same  are  hereby  extended  to  mules. 

dec.  1.  Ad  of  March  ...  1858,  p.  l.  ys. 

1!)"7.  If  any  person  or  persons,  taking  tip  any  stray  or  strays, 
shall  neglect  1o  give  notice  as  is  herein  before  directed,  he.  she  or  they. 
so  offending,  shall  forfeit  all  right  and  title  to.  by  recovery  of  any 
sura  or  sums  of  money  for  any  trespass  committed  by  the  same,  bill 


438 

shall  deliver  up  the  said  stray  or  strays  so  detained  to  the  owner 
thereof,  without  any  recompense,  fee,  or  reward,  whatsoever. 

Sec.  5.  A<i  of  April  13,  1807.  P.  L.  286. 

1.078.  The  books  to  he  kept  as  aforesaid,  l>y  the  respective  town 
clerks  of  each  township,  shall  he  at  afl  times  kept  open  and  free  for 
any  person  or  persons,  who  at  any  time  may  have  occasion  to  search 
therein,  for  any  such  stray;  and  for  which  search,  such  clerk  shall 
not  ask  or  receive  any  fee  or  reward,  under  the  penalty  of  three 
dollars,  to  be  recovered  by  the  party  aggrieved,  in  manner  aforesaid. 
with  costs  of  suit. 

Sec.  6,  Act  of  April  13,  1807,  P.  L.  286. 

1079.  From  and  after  the  first  day  of  March  next,  the  act,  entitl- 
ed "An  act  for  erecting  pounds  in  each  township  in  this  province," 
and  the  act,  entitled  "An  act  concerning  cattle,  horses  and  sheep 
trespassing  within  this  province,"  be,  and  the  same  are  severally 
hereby  repealed,  so  far  as  they  relate  to  the  counties  mentioned  in 
this  act,  and  this  act  shall  then  be  in  full  force  and  operation. 

Sep.  7.  Act  t  f  April  13,  1807,  P.  L.  286. 

1080.  From  and  after  the  passage  of  this  act,  no  stallion,  bull, 
boar,  .ram  or  jack,  shall  be  permitted  to  run  at  large  on  the  public 
highways  of  this  Commonwealth. 

Sec.   1,  Act  of  April   26.  .1880.   P.  L.  64. 

1.081.  Tt  shall  be  lawful  for  any  person  finding  any  such  animal 
running  at  large  to  have  the  same  impounded,  and  such  impounding 
advertised  within  ten  days  from  date  of  impounding,  in  one  weekly 
newspaper  for  two  weeks,  published  nearest  the  place  where  such 
animal  is  impounded,  and  if  said  animal  be  not  reclaimed  within 
twenty  days  after  such  advertised  notice,  by  payment  of  all  costs 
and  charges,  together  with  one  dollar  to  the  person  causing  the  said 
animal  to  be  impounded,  shall  be  sold  at  public  sale,  and  the  amount 
realized  from  sale,  less  the  said  cost  and  charges,  shall  be  paid  to 
the  treasurer  of  the  school  district  wherein  such  animal  is  impounded. 

Sec.  2.  Aet  of  April  26.  ISSO.  P.  L.  64. 

1982.  Whereas  the  freeholders  and  owners  of  lands  and  planta- 
tions, within  this  province,  have  received  great  damage  and  spoil  in 
their  corn  fields,  meadows  and  outlands  by  swine  running  at  large, 
without  ring's  and  yokes:  For  the  prevention  Avhereof  for  the  future, 
lie  it  enacted.  Thai  from  and  after  the  first  day  of  the  twelfth  month, 
called  February,  next  ensuing  (lie  publication  hereof,  no  swine  shall 
be  suffered  to  ran  at  large,  without  rings  and  yokes,  under  the  penal- 


ty  of  forfeiting  half  the  value  thereof,  to  the  use  hereafter  expressed: 
Therefore  if  any  person  or  persons  shall  find  on  liis,  her  or  their  Lands, 
within  fourteen  miles  of  the  navigable  parts  of  the  river  Delaware, 
any  swine,  hog  or  hogs,  shoal  or  shoats,  or  pigs,  without  rings  in 
their  noses,  sufficienl  to  prevent  their  turning  up  the  ground,  and 
triangular  or  three  cornered  yokes  or  hows  aboul  their  necks,  and 
to  extend  at  least  six  inches'from  the  angular  point  or  corner, 
sufficient  to  keep  them  from  breaking  through  fence,  it  shall  and 
may  he  lawful  for  him.  her  or  them,  all  such  swine,  hoj^s.  sho;its  or 
pigs,  to  kill  and  take,  and  drive  and  carry  away,  or  to  cause  them 
to  he  killed,  taken,  driven  or  carried  away:  and  being  so  taken  and 
carried  away,  the  said  takers  shall  forthwith  acquaint  a  Justice  of 
the  Peace  thereof,  and  being  by  him  legally  attested,  that  the  said 
swine  were  taken  as  aforesaid,  without  yokes,  or  hows  and  ring,  the 
said  Justice  shall  immediately  appoint  and  order  two  indifferent 
persons  of  the  neighbourhood,  to  view  and  make  a  just  and  reason 
able  appraisement  of  all  such  swine,  hogs,  shoats  or  pii,rs.  and  to 
make  return  of  their  value,  number  and  marks,  unto  the  said  Justice 
of  the  Peace,  as  soon  as  conveniently  it  may  he  done  after  such 
appraisement,  one  moiety  or  half  the  value  whereof  shall  he  forfeit 
to  the  person  or  persons,  owners  or  possessors  of  such  lands  where 
found  and  taken;  and  he  or  they,  that  shall  take  up  such  swine  as 
aforesaid,  shall  pay  unto  the  said  Justice  of  the  Peace,  for  the  use 
of  the  owner  or  owners  of  such  swine,  the  other  moiety  or  half  part 
thereof;  and  thereupon  the  property  of '  all  such  swine  shall  be 
and  remain  in  the  said  owner  or  possessor  of  land  as  aforesaid,  to 
his  and  their  own  proper  use.  forever. 

See.  1.  Act  of  1705,  1  Sm.  Laws,  Page  TO. 

See  the  ad  of  May  to,  ITL'O.  1  Sm.  L:iws  176,  which  extends  this  act  to 
rlic  entire  province  of  Pennsylvania,  Sec  t!)St;. 

This  acl  applies  only  where  they  arc  voluntarily  suffered  to  go  at  large. 
not  where  they  escape  from  the  owner  without  his  default,  ami  if  the  pro- 
ceedings do  not  state  this  they  will  he  quashed. 

It    is    not    necessary    that    proceedings    h\    a    justice    under    this    act    should 
contain    any    adjudication,    nor    is    the    appointment    of    appraisers    process, 
which    the   constitution    requires   tu   he    in   the   name   of   the  Commonwealth. 
A   certiorari   In  s  From   the  Supreme  Court    to   remove  the  proceedings  of  a 
justice  under  this  act:     Commonwealth   v.  Fourteen   Ihrnx.   10  S.  d-  /.'.  393; 
Shaw   o.   Commonwealth,  72    Pa.   68;   Knapp  v.  Miller,  133  Pa.  275:  Com- 
monwealth  r.  n  Boar  Pig,   .'  Chester  <'<>.  575;  LefevrV    v.  Rauck,   .'  Del.  380. 
The  statutory  forms  of  procedure  must  be  strictly  complied  with. 
To  justify   a   forfeiture  of  a   Inc.   the  justice's  record   must    show  everything 
required  by  the  Act  of  Assembly  to  give  him  authority:     Sirauiser  v.  Rosier, 
58  Pa.   \96;  Shaw  v.  Commonwealth,  7.'  Pa.  68;  Knapp  v.   [filler  hll  Pa.  875; 
nwnwealth,  v.    I  //•"/.  /  Pa.  C.  C.  "i<i:  Altland  v.  Swine  ex  rel.  McSparren, 
/.;  I'n,  C.  C.  388;  ?.  c.  fu  Lane,  I  .  I'.    .",1 :   WeCurdy  v.  Thompson.  ?  Lane. 
/,.  /.'.   297;  Boice  v.  Curtis,   2  Luz.  203;  Lefevre  v.  Ranch-,   i  /),!.  .:- 


440 

The  jurisdiction  of  the  justice  attaches  when  he  is  "legally  attested"  of 
the  required  facts.  An  affidavit  signed  and  sworn  to  before  the  justice,  fully 
stating  all  the  jurisdictional  facts  is  a  proper  method  of  such  legal  attestation. 
and  is  a  part  of  the  record,  admissible  in  evidence  as  such :  Knapp  v.  Miller, 
tS3   Pa.   275. 

The  owner  of  swine  who  permits  them  to  run  at  large  without  rings  and 
yokes  in  violation  of  this  act  is  liable  in  an  action  of  trespass :  Stewart  v. 
Benninger,  138  Pa.  437. 

This  act  is  repealed  as  to  Cumberland  and  Perry  counties  by  the  Act  of 
April  2,  1821,  7  Sm.  L.  456:     Martin  v.  Reed,  10  Pa.  G.  C.  614 . 

Swine  were  not  suffered  to  run  at  large  within  tlie  meaning  of  this  act 
where  the  owner  by  express  permission  of  another  had  turned  the  swine  into 
his  own  field  which  was  not  fenced  «ff  from  the  other  man's  land:  Martin  v. 
Reed,  10  Pa.  C.  C.  6I4. 

TTnder  this  act  proceedings  will  not  he  set  aside  because  of  a  delay*  of  six 
days  in  acquainting  a  justice  of  the  peace  of  the  taking  up  of  swine:  McClain 
v.  Warren,  Ut  Pa.  C.  C.  397. 

Proceedings  under  this  act  do  not  prevent  a  recovery  in  an  action  of  tres- 
,  pass,  damages  done  by  swine  running  at  largo:  Robinson  v.  Fettcrman.,  14 
Atl.  245. 

1983.  Such'  Justice  of  Peace  shall  make  publication  thereof,  by  ;i 
paper  affixed  on  his  house,  and  on  some  tree  near  the  high-road  side, 
declaring'  the  numlber,  marks  and  appraisement,  of  all  such  swine, 
and  by  whom  taken  up,  to  the  end  that  the  owners  may  have  notice 
thereof;  unto  whom  the  said  Justice  of  the  Peace  shall  pay  the  other 
moiety  or  half  the  value  of  such  swine  taken  and  appraised,  he  first 
deducting  out  of  the  same,  two  shillings  for  the  appraisers,  and  two 
shillings  for  the  Justice's  clerk,  for  their  trouble  therein.  But  if  it 
so  happen,  that  the  moiety  or  half  part,  as  appraised,  will  not  pay 
the  said  four  shillings,  then  such  takers  up  shall  pay  what  shall  be 
wanting  thereof. 

Sec.  2.  Act  of  1705,  1  Sm.  Laws.  Page  70. 

L984.  Provided  nevertheless.  That  if  no  person  appear,  within 
twelve  months  after  appraisement  as  aforesaid,  to  claim  the  moiety 
or  half  part  of  such  swine,  that  then  the  said  Justice  shall  pay  what 
money  he  hath  received,  the  charges  as  aforesaid  first  deducted,  unto 
the  overseer  or  overseers  of  the  poor  of  the  township  where  taken  up, 
for  the  use  of  the  poor  of  the  said  township,  and  the  owners  of  such 
swine  shall  be  thereupon  debarred  from  any  claim  or  right  to  the 
same,  any  law,  usage  or  custom,  to  the  contrary  in  any  wise  notwith- 
standing. 

Sec.  3,  Act  of  1705,  1   Sm.   Laws.  Page  70. 

1985.  It  shall  not  be  lawful  for  any  swine,  hogs,  shoats  or  pigs, 
to  go  at  large  in  the  towns  of  Philadelphia,  Chester  or  Bristol, 
whether  yoked  and  ringed  or  not:  bul  if  any  such  shall  be  found  lim- 
ning at  large,  after  the  first  day  of  the  twelfth  month  next  ensuing, 


441 

swell   swine,  hogs,  shoals  or  pigs,  shall    he  forfeit,  one  Intlf  to  him  or 

them  thai  sliall  take  up  the  same,  and  the  other  half  t<>  the  use  of  the 
poor  of  the  respective  towns,  to  be  paid  to  the  overseer  or  overseers 
accordingly,  to  the  use  aforesaid;  the  said  town  of  Bristol  being  all 
the  spare  contained  within  half  a  mile  square,  from  the  .Mill creek, 
ii] i  the  River  Delaware. 

Sec.   I.  An  of  L705,  1.  Sin.  Laws,  Page  7<». 

L986.  WHEREAS  by  the  said  act.  the  relief  provided  for  persons 
suffering  by  bogs  trespassing  in  their  fields  or  inclosures  is  limited 
to  the  extent  of  fourteen  miles  from  the  navigable  parts  of  the  river 
Ihdawa.re:  Now,  forasmuch  as  the  country  is  heroine  more  populous, 
and  it  appears  necessary  to  provide  the  same  remedy  for  the  inhabit- 
ants living  in  the  other  parts  of  this  province:  Therefore  he  it  en- 
acted, That  the  same  penalties,  rules  and  orders,  enacted  and  directed 
to  be  observed  by  the  aforesaid  act  within  fourteen  miles  of  the  nav- 
igable parts  of  Delaware  river,  shall  within  one  month  after  the  pub- 
lication hereof,  lie  in  force,  and  extended  throughout  the  province  of 
Pennsylvania,  as  fully  and  amply  as  if  the  same  ad  were  again  herein 
repeated  and  enacted;  any  limitation  in  the  aforesaid  act,  for  pre- 
venting swine  running  at  large,  to  the  contrary  in  any  wise  notwith- 
standing. 

An    of  May   10,   172!>.   1   Sm.   L.   170.   supplementing  the   Act  of  1705.   1 
Sm.  L.  70. 


CHAPTER   XXXIX. 

CANADA   THISTLES. 

1987.  From  and  after  the  passage  of  this  act  it  shall  be  the  duty 
of  every  person  or  persons,  and  of  every  corporation  holding  land  or 
lands  in  any  county,  or  counties  of  this  Commonwealth,  either  by 
lease  or  otherwise,  on  which  any  Canada  thistles  or  weeds  commonly 
known  as  Canada  thistles  may  be  growing,  to  cut  the  same  so  as  to 
prevent  such  thistles  or  weeds  from  going  to  seed,  and  the  seed  of  the 
same  from  ripening,  and  every  person  or  persons,  or  corporation  as 
aforesaid,  who  shall  or  may  have  land  as  aforesaid,  and  who  shall 
neglect  or  refuse  to  comply  with  the  provisions  ot  this  act,  shall  for- 
feit and  pay  a  tine  of  fifteen  dollars  to  the  treasurer  of  the  school  dis- 
trict in  which  such  land  may  he  situated,  to  he  recovered  tin-  same  as 
debts  of  like  amount  are  now   by  law  recoverable. 

Sec.   1.  An   of  March  22,   L862,   1'.   L.  lot.  as  amended  by  Sec.  1.  An  of 
April  1'4,  1885,  1'.  L.  !». 


442 

1988.  If  any  person  or  persons  or  corporation,  so  holding  lands 
as  aforesaid,  on  which  any  Canada  thistles,  or  the  weeds  commonly 
known  as  such,  shall  be  growing  and  likely  to  ripen  seed  thereon, 
shall  neglect  or  refuse  to  cut  and  destroy  the  same  so  as  to  prevent 
the  seed  thereof  from  ripening,  it  shall  and  may  be  lawful  for  any 
person  or  persons,  who  may  consider  themselves  aggrieved  or  about 
to  be  injured  by  such  neglect  or  refusal,  to  inform  by  written  notice 
any  constable  or  supervisor  of  the  township  or  district  in  which  the 
said  Canada  thistles  or  weeds  may  be  growing,  whose  duty  it  shall 
then  be  to  give  five  days  notice  in  writing  to  such  person  or  persons 
or  corporation  to  cut  and  destroy  such  thistles  or  weeds*  and,  on  their 
neglect  or  refusal  to  cut  and  destroy  the  same  at  the  end  of  five  days, 
it  shall  be  the  duty  of  the  officer  giving  such  notice  to  enter  upon 
such  premises,  with  such  other  person  or  persons  as  he  may  employ, 
and  cut  down  and  destroy  such  Canada  thistles,  and  the  said  officer 
or  other  persons  so  employed  shall  be  entitled  to  recover  from  such 
person  or  persons  or  corporation,  owning  or  holding  land  as  afore- 
said, compensation  for  necessary  man  labor,  horse  labor,  and  machin- 
ery, at  the  same  rate  as  paid  by  the  township  or  district  for  similar 
work  on  the  roads,  and  the  officer  serving  such  notice  shall  likewise 
be  entitled  to  a  fee  of  fifty  cents,  together  with  six  cents  mileage  for 
each  mile  circular  necessarily  traveled,  to  be  recovered  as  debts  of 
like  amount  before  any  justice  or  court  in  said  counties. 

Sec.  2,  Act  <  i  March  22,  1862,  P.  L.  104.  as  amended  by  Sec.  1,  Act  of 
April  12,  1921,  P.  L.  124. 

A  constable  or  supervisor  who  is  compelled  to  destroy  Canada  thistle  is 
compelled  to  look  to  the  owner  of  the  real  estate  for  his  compensation  and 
the  township  is  not  liable  in  case  of  the  insolvency  of  the  owner  of  the  real 
estate :     Bilger  v.  Spring  Township,  20  Pa.  C.  C.  670. 

1989.  It  shall  be  the  duty  of  the  supervisor  or  supervisors  of  the 
public  roads  or  highways  in  every  township  or  district  as  aforesaid, 
to  cut  and  destroy  in  the  same  manner  all  such  Canada  thistles  or 
weeds  on  or  along  such  roads,  and  in  case  of  unseated  or  mountain 
lands,  whenever  it  shall  come  to  the  knowledge  of  either  the  super- 
visor or  constable  of  the  existence  of  any  such  Canada  thistles  or 
weeds  thereon,  it  shall  be  his  duty  to  notify  the  owner,  or  owners,  or 
agents  of  said  lands  in  writing,  giving  ten  days'  notice  to  cut  and 
destroy  the  same  as  aforesaid,  and  upon  failure  to  comply  at  the  en:! 
of  ten  days  such  officer,  or  any  person  or  persons  employed  by  him, 
shall  proceed  in  the  manner  hereinbefore  provided,  with  like  fees  and 
compensation,-- and  if  any  such  constable  or  supervisor  shall  neglect 
or  refuse  to  perform  his  duties  as  prescribed  by  this  act,  he  shall  he 
liable  to  a  fine  of  ten  dollars,  the  same  to  be  sued  for  and  recovered 
as  aforesaid,  by  the  party  or  parties  aggrieved  or  about  to  be  injured 
by  such  neglect  or  refusal. 

Sec.  3,  Act  of  April  24,  1885,  P.  L.  9. 


446 

CHAPTER   XL. 

PUBLIC  BUILDINGS  AND  WORKS. 

For  other  Provisions  Relating  to  this  Subject,  see  Sections  1220  to  1250, 

inclusive. 

(a)     State   Art   Commission. 

1990.  A  State  Art  Commission  is  hereby  created  in  the  Depart- 
ment of  Public  Grounds  and  Buildings,  consisting  of  live  citizens  <>r 
this  Commonwealth,  to  be  appointed  by  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Senate,  for  the  term  of  three  years.  All 
vacancies  on  the  commission  shall  be  filled  by  tin  Governor.  'Three 
members  shall  constitute  a  quorum. 

See.  1,  Act  of  May  1,  1919,  P.  1..  L03. 

L991.  The  members  of  the  commission  shall  serve  without  com- 
pensation, but  shall  be  paid  all  actual  traveling  and  other  necessarj 
expenses  incurred  in  the  performance  of  their  duties. 

Sec.  2,  Act  of  -May  J.  1919,  P.  L.  103. 

1992.  The  Governor  shall  appoint  a  president  and  a  secretary  of 
the  commission.  The  commission  shall  have  power  to  adopt  its  own 
rules  of  procedure,  and  to  prescribe  regulations  for  the  submission 
to  it  of  all  matters  within  its  jurisdiction. 

Sec.  :;,  A.-t  of  May  1,  1919,  P.  L.  103. 

1993.  The  Board  of  Public  Grounds  and  Buildings  shall  furnish 
such  offices  for  the  commission  ;is  shall  be  required,  and  shall  also 
furnish  to  it  such  clerical  and  other  assistants  as  it  may  require,  and 
fix  the  compensation  of  the  persons  so  employed. 

Sec.  4.  Act  of  May  1,  1919,  P.  L.  103. 

1994.  From  and  after  the  approval  of  this  act,  no  public  monu- 
ment, memorial,  building,  or  other  structure  shall  become  the  proper 
ty  of  the  Commonwealth  or  any  subdivision  thereof,  by  purchase, 
gift  or  otherwise,  unless  a  design  for  the  same,  and  the  proposed 
location  thereof,  shall  have  first  been  submitted  to.  and  approved  by, 
the  State  Art  Commission. 

\o  const  ruction  or  erection  of  any  public  monument,  memorial, 
building  or  other  structure,  which  is  to  be  paid  for,  either  wholly  or 
in  part,  by  appropriation  from  the  State  Treasurer  or  from  any  sub 
division  of  the  State,  or  for  which  the  State  <>i-  any  subdivision  is  to 
furnish  a  site,  shall  be  begun  unless  the  design  and  proposed  location 
thereof  shall  have  been  approved  by  such  commission. 


444 

A'o  monument,  memorial,  building,  or  other  structure,  belonging  to 
any  person  or  corporation,  shall  be  erected  upon  or  extend  over  any 
highway,  stream,  lake,  square,  park,  or  other  public  place,  within  any 
subdivision  of  this  State,  except  the  design  for  and  the  location  there- 
of shall  have  been  approved  by  such  commission. 

Sec.  .1,  Act  of  May  1,  1919,  1'.  L.  103. 

If  any  money  is  contributed  by  the  State  or  by  a  county  lor  the  errection 
of  a  monument,  the  design  for  the  same  should  be  submitted  to  and  approved 
by  the  State  Art  Commission  created  by  the  above  act,  before  the  monument 
is  erected  ;  Out,  if  no  money  is  contributed  by  the  State  or  county,  the  Art 
Commission  has  no  jurisdiction  over  the  matter.  A  monument  erected  upon 
post  office  grounds  becomes  the  pr<  perty  of  the  United  States :  In  n 
Monuments,  Opinion  of  William  I.  Swope,  Deputy  Attorney  General,  <!!) 
P.  L.  J.  26S. 

1996.  The  commission  shall  submit  annually  to  the  Governor  on, 
or  before  the  first  Monday  of  December,  a  report  of  its  proceedings 
during  that  }rear,  together  with  such  recommendations  as  the  com- 
mission shad  deem  conducive  to  the  improvement  of  the  Common- 
wealth or  any  subdivision  thereof. 

Sec.  6,  Act  of  May  1.  1919,  P.  L.  103. 

1990.     The  expenses  of  the  commission  and  the  compensation  of 
employes  shall  be  paid  out  of  appropriations  to  be  made  to  the  De- 
partment of  Public  Grounds  and  Buildings. 
Sec.  7,  Act  of  May  1,  1919,  P.  L.  103. 

(b)     Work  on  Public  Buildings  to  be  Done  Within  Township. 

1997.  It  shall  be  lawful  for  any  city,  county,  township,  borough, 
or  other  municipal  divisions  or  subdivision  of  the  Commonwealth, 
in  the  construction  of  any  building  or  the  performance  of  any  public 
work,  to  provide,  by  ordinance,  municipal  regulation,  or  contract, 
that  any  portion  or  all  of  the  work  on  the  said  building,  or  the  work 
on  the  said  public  improvement,  shall  be  done  within  the  territorial 
limits  of  the  said  city,  county,  township,  borough,  or  other  municipal 
division  or  subdivision  for  which  the  said  work  is  being  performed. 

Sec.  1,  Act  of  July  (i,  1917.  P.  L.  752. 

This  act  was  declared  unconstitutional  because  in  conflict  with  Art.  111.  Sec. 
7,  of  the  Constitution,  prohibiting  special  legislation  regulating  labor,  trade, 
mining  or  manufacturing,  Taylor  r.  Philadelphia,  201  Pa.  '{58,  reversing 
26  IK  R.  919. 

11)98.  All  ordinances,  regulations,  or  contracts  heretofore  enacted, 
made,  or  executed  by  any  city,  county,  township,  borough,  or  other 
municipal  division  or  subdivision  of  the  Commonwealth,  providing 
that  all  or  any  portion  of  any  public  work,  done  for  said  city,  county, 
township,  borougli,  or  other  municipal  division  or  subdivision,  shall 


•     445 

be  clone  within  the  territorial  limits  of  the  said  city,  county,  town- 
ship, borough,  or  other  municipal  division  or  subdivision,  are  hereby 
validated:  Provided,  however,  That  in  all  oilier  respects  the  said  ordi- 
nance, regulation,  or  contract  is  in  accordance  wilh  the  existing  law. 

Sec.  2,  An  of  Julj  6,  1917,  P.  L.  752. 

(c)     Contractors  to  Accept  Provisions  of  Workmen's  Compensation 

Act. 

l!»!)!i.  All  con!  tads  executed  by  the  Commonwealth  of  Pennsvl 
vania.  or  any  officer  or  bureau  or  department  thereof,  on  behalf  of 
the  said  Commonwealth,  or  by  any  municipality,  or  any  officer  or 
bureau  or  board  thereof,  or-  by  any  municipal  division  or  subdivision 
of  the  Commonwealth,  which  contracts  shall  involve  the  construction 
or  doing  of  any  work  involving  the  employment  of  labor,  shall  con 
tain  a  provision  that  the  contractor  shall  accept,  in  so  far  as  the  work 
covered  by  any  such  contract  is  concerned,  the  provisions  of  the 
Workingmen's  Compensation  Act  of  1915,  and  any  supplements  or 
amendments  thereto  which  may  hereafter  be  passed,  and  that  the 
said  contractor  will  insure  his  liability  thereunder,  or  file  with  the 
Commonwealth,  or  the  municipal  corporation  or  board  with  whom 
the  contract  is  made,  a  certificate  of  exemption  from  insurance  from 
the  Bureau  of  Workingmen's  Compensation  of  the  Department  of 
Labor  and  Industry. 

Sec.  1.  An  of  July  18.  1917,  P.  L.  1083. 

2000.  P>ery  officer  of  the  Commonwealth  of  Pennsylvania,  or  any 
bureau  or  department  thereof,  or  of  any  municipality,  or  any  bureau 
or  department  thereof,  or  any  municipal  division  or  subdivision  of 
this  Commonwealth,  who  shall  sign,  on  behalf  of  the  said  Common 
wealth  or  any  municipality  thereof,  or  any  municipal  division  or  sub- 
division thereof,  any  contract  requiring  in  its  performance  the  em- 
ployment of  labor,  shall  require,  before  the  said  contract  shall  be 
signed,  proof  that  the  said  contractor  with  whom  the  contract  is  made 
shall  have  accepted  the  Workingmen's  Compensation  Act  of  1015, 
and  any  supplements  or  amendments  thereto  which  may  be  hereafter 
passed,  and  proof  that  the  said  contractor  has  insured  his  liability 
thereunder  in  accordance  with,  the  terms  of  the  said  act,  or  that  the 
said  contractor  has  had  issued  to  him  a  certificate  of  exemption  from 
insurance  from  the  Bureau  of  Workmen's  Compensation  of  the  De- 
partment of  Labor  and   Industry. 

Sec.  2,  Act  of  July  18,  1017.  P.  L.  1083. 

2001.  Any  contract  executed  in  violation  of  the  provisions  of  this 
act  shall  be  null  and  void. 

Spc.  3,  Act  of  July  18,  1917,  P.  L.  1083. 


,446 

(d)  Contractors  to  Furnish  Bond  to  Secure  Payment  of  Labor  and 

Material. 

2002.  All  counties,  cities,  boroughs,  towns,  townships,  school  dis- 
tricts, and  poor  districts  shall,  in  the  improvement  of  lands,  or  in  the 
erection,  alteration,  addition,  or  repair,  of  edifices  and  public  build- 
ings, of  any  kind,  in  said  districts,  have  the  power  to  require  of  the 
contractor  or  contractors,  employed  in  and  about  said  improvements, 
an  additional  bond,  with  sufficient  surety  or  sureties,  providing  for 
the  payment  of  all  labor  and  material  entering  into  the  said  improve- 
ments. 

Sec.  1,  Act  of  May  10,  1917,  P.  L.  158. 

200;}.  The  labor  and  material-men  furnishing  labor  and  material 
in  and  for  said  improvements,  upon  the  contract  of  said  contractor, 
shall  have  the  right  according  to  law  to  sue  in  an  action  of  assump- 
sit, in  the  name  of  the  obligee  for  his  or  their  use,  upon  said  bond, 
upon  proof  of  said  contractor's  failure  to  pay  for  said  labor  or  ma- 
terial. 

Sec.  2,  Act  of  May  10,  1917,  P.  L.  158. 

(e)  Township  Commissioners  May  Make  Regulations  Governing 

Construction  or  Repair  of  all  Buildings. 

2004.  Every  township  of  the  first  class  of  this  Commonwealth 
shall  have  the  power,  by  ordinance,  to  make  regulations  for  the  con- 
struction of  new  buildings  and  the  repair  of  old  ones,  and  to  require 
that,  before  the  work  begins,  municipal  approval  of  the  plans  and 
specifications  therefor  be  secured ;  and  to  provide  for  the  inspection 
of  such  construction  and  repair,  including  the  appointment  of  one 
or  more  building  inspectors ;  to  prescribe  limits  wherein  none  but 
buildings  of  non-combustible  material  and  fire-proof  roofs  shall  be 
erected  or  substantially  reconstructed  or  removed  thereinto ;  to  pro- 
vide penalties  for  the  violation  of  such  regulations.  Any  building 
erected,  reconstructed,  or  removed  contrary  to  the  provisions  of  any 
ordinance  passed  for  any  of  the  purposes  herein  specified,  is  declared 
to  be  a  public  nuisance  and  abatable  as  such. 

Sec.  1,  Act  of  July  19.  1917,  P.  L.  HIT,. 
({)     Citizens  Only  to  be  Employed  in  Work  on  Public  Buildings. 

2005.  None  but  citizens  of  the  United  Stales  shall  be  employed 
in  any  capacity  in  the  erection,  enlargement  or  improvement  of  any 
public  building,  or  public  work  within  this  Commonwealth:  Pro- 
vided, That  apprentices  to  a  trade  or  profession  who  may  be  under 


447 

t unity  one  years  <>f  age  shall  qo1  l>e  subjed  to  the  provisions  <»t  this 
act:  Provided,  That  the  provisions  of  this  acl  shall  no1  apply  t<> 
public  work  where  the  cost  thereof  is  paid  in  whole  or  in  pari  from 
assessments  of  benefits. 

Sec.  1.  Ad  of  June  25,  L895,  P.  L.  269. 

In  ;m  action  <>m  a  bond  of  a  municipal  contractor  b"j   the  citj   e>  1 1 1 •  ■  use  of 
persons   employed   on    thi    work   l/.\    the  contractor,   the   Burets    on   the  bond 
cannol  defend  on  the  ground  thai  the  use  plaintiffs,  day  laborers,  were  aliens 
employed   by   the  contractor  in   violation  of   il>is   act:      Philadelphia    v.    Ifc 
Linden    .'"•-  Pa.  112,  affirming   16  Pa.  C.  C.  287. 

3006.     The  person  or  persons  who  may  be  by  law  empowered   to 

enter  into  a  contract  for  the  erection,  enlargement  or  improvement 
of  any  public  building  or  public  work  shall  insert  in  such  a  contract 
a  stipulation  or  covenanl  that  the  provisions  of  section  one  of  litis 
act  will  be  fully  complied  with. 

Sec.  2,  Act  of  June  25,  1895,  P.  L.  2f.O. 

(g)     Displaying  Flags  on  Public  Buildings. 

2007.  After  the  approval  of  this  acl   il  shall  be  lawful  to  display 
the  flag  of   Pennsylvania   on   any  public   building  in   this  Common 
wealth. 

Sec.  1,  Act  of  June  5,  1913,  P.  L.  419. 

2008.  After  the  approval  of  this  act  it  shall  be  lawful  to  display 
the  Hag  of  any  county,  city,  borough,  or  other  municipality  in  the 
State  on  the  public  buildings  of  any  county,  city,  borough,  or  other 

municipality  of  the  State. 

Sec.  2,    Act  of  June  5,  1013.  P.  L.  419. 


CHAPTER    XLI. 

WATER  SUPPLY. 

For  other  provisions  relating  to  this  subject,  see  sections   1180  to   1207, 
inclusive,  section  381,  Clause  XVII,  and  section  386,  Clause  III. 

2000.  From  and  after  the  passage  of  this  act,  any  water  company 
obtaining  its  water  supply,  or  any  part  thereof,  from  a  source  lying 
within  the  corporate  limits  of  any  municipality,  city,  borough,  or 
township,  in  this  Commonwealth,  shall  furnish  such  municipality 
and  the  inhabitants  thereof  with  water,  or  otherwise  forfeit  its  rights 
to  a  sufficient  quantity  of  water,  from  such  source,  as  will  supply 


448 

the  needs  of  such  municipality,  city,  borough,  or  township,  and  the 
inhabitants  thereof. 

Sec.  1,  Act  of  May  28,  1907,  P.  L.  278. 

2010.  Should  any  water  company  fail  to  furnish  water  to  any 
municipality,  city,,  borough,  or  township,  or  the  inhabitants  thereof, 
under  the  conditions  described  in  section  one  of  this  act,  it  shall  be 
the  duty  of  the  city  or  borough  council,  the  commissioners  or  supervi- 
sors of  the  township,  as  the  case  may  be,  to  pass  a  resolution  setting 
forth  the  fact  that  the  municipality  and  the  inhabitants  thereof  are 
not  being  served  with  water,  and  tihat  they  desire  the  same;  a  copy  of 
which  resolution  shall  be  served  on  the  president,  secretary,  or  at- 
torney, of  the  water  company  having  its  source  of  supply  within  the 
corporate  limits  of  the  municipality  thus  affected ;  whereupon  it 
shall  be  the  duty  of  such  water  company  to  prepare  a  statement, 
setting  forth  in  full  its  reasons  for  its  failure  to  supply  water  to  the 
affected  district ;  which  statement  must  also  include  any  plans  in  con- 
templation, if  there  be  any,  to  supply  water  at  some  future  time  to 
such  district,  stating  when  such  supply  may  be  expected ;  which 
statement  must  be  verified  by  oath  or  affirmation  by  the  president 
or  secretary  of  such  water  company,  and  filed  with  the  State  Water 
Supply  Commission,  at  Harrisburg,  within  thirty  days  from  the  date 
of  service  of  the  original  notice  on  such  water  company  by  the  muni- 
cipality affected. 

Failure  on  the  part  of  the  president  or  secretary  of  such  water 
company  to  file  a  statement  as  above  directed,  shall  be  deemed  a 
misdemeanor  on  their  part,  and,  upon  conviction  thereof,  they  shall 
be  sentenced  to  undergo  an  imprisonment  not  exceeding  six  months 
and  pay  a  fine  not  exceeding  one  thousand  dollars,  or  either  or  both. 
at  the  discretion  of  the  court.  If,  in  the  judgment  of  the  State 
Water  Supply  Commission,  the  reasons  filed  are  of  such  a  character 
as  to  indicate  that  no  relief  will  be  given  in  the  municipality  com- 
plaining, in  the  way  of  a  water  supply,  within  a  reasonable  time, 
then  the  said  State  Water  Supply  Commission  may  recommend  to 
the  Governor  that  letters  patent  be  issued  and  a  charter  granted  to 
any  association  of  individuals  who  may  legally  form  a  water  com- 
pany, and  who  may  apply  for  the  same,  and  who  will  agree,  in  their 
application  for  a  charter,  to  supply  water  to  the  municipality,  city, 
borough,  or  township  thus  affected  and  the  inhabitants  thereof,  and 
for  that  purpose  to  have  the  right  to  condemn,  take,  or  appropriate 
a  sufficient  quantity  of  wafer,  from  any  source  of  supply  lying  within 
the  corporate  limits  of  any  municipality,  city,  borough,  or  township 
thus  affected,  as  is  adequate  to  supply  the  needs  of  such  municipality, 
city,  borough,  or  township,  and  the  inhabitants  thereof:     Provided. 


149 

however.  That  any  municipality,  where  c<>n<lii  ions  prevail  .such  ;i^ 
are  described  in  sections  one  and  two  of  this  act,  Bhall  have  the  right, 
with  the  consent  and  approval  of  the  Stale  Water  Supply  Commis- 
sion, to  condemn,  take,  or  appropriate  a  sufficient  quantity  of  water, 
from  any  source  of  supply  lying  within  the  corporate  limits  of  any 
municipality  or  municipalities  affected,  as  is  adequate  to  meel  the 
needs  of  such  municipality  or  municipalities,  and  the  inhabitants 
thereof,  and  no  damages  shall  l>e  collected  by,  or  allowed  to,  any 
water  company  for  any  water  appropriated  under  the  provisions  of 
this  net. 

Sec  2,  Act  of  May  28,  1907,  P.  L.  278. 

2011.  The  Commissioner  of  Forestry  and  the  Forestry  Reserva 
tion  Commission  are  hereby  authorized  and  empowered  to  give  to 
boroughs  and  other  municipalities  of  this  Commonwealth,  upon  such 
terms  and  subject  to  such  restrictions  and  regulations  as  said  Com 
missioner  and  Commission  may  deem  proper,  the  privilege  of  im- 
pounding water  upon  any  Forest  Reservations,  now  owned  or  here- 
after to  be  acquired  by  the  Commonwealth,  and  of  constructing,  main- 
taining and  operating  lines  of  pipes  upon  and  through  said  reser- 
vations for  the  purpose  of  conveying  water  therefrom,  whenever  in 
the  judgment  of  the  said  Commissioner  and  Commission  it  shall  be 
to  the  public  interest  so  to  do. 

Sec.  1.  Act  of  April  14,  1905,  P.  L.  156. 


CHAPTER   XLII. 

PUBLIC  LIBRARIES. 

2012.  The  term  "municipality"  whenever  used  in  this  act,  shall  be 
interpreted  as  meaning  any  county,  city,  borough,  town,  or  township, 
as  the  case  may  be.  but  sftiall  not  be  interpreted  as  meaning  school 
district. 

Sec.  1,  Act  of  July  20,  1917,  P.  L.  1143. 

2013.  The  term  "municipal  authorities."  wherever  used  in  this 
act,  shall  be  interpreted  as  meaning  the  mayor  and  council  of  any 
city,  the  burgess  and  council  of  any  borough  or  town,  the  supervisors 
of  any  township,  or  the  commissioners  of  any  county,  as  the  case 
mar  be. 

Sec.  2,  Act  of  July  20,  1917.  P.  L.  1143. 

2014.  Any  municipality  may  make  appropriations  to  establish  or 
maintain,  or  both,  a  free,  public,  nonsectarinn  library,  for  the  use  of 


20 


450 

the  residents  of  such  municipality.  The  appropriations  for  main- 
tenance shall  not  exceed  two  mills  on  the  dollar  on  all  taxable  pro- 
perty, annually.  Special  taxes  for  these  purposes  may  be  levied  on 
the  taxable  property  of  the  municipality,  or  the  same  may  be  levied 
and  collected  with  the  general  taxes. 

Sec.  3,  Act  of  July  20,  1917,  P.  L.  1143. 

20  L5.  The  municipal  authorites  of  any  municipality  may  submit 
to  the  qualified  electors  of  such  municipality,  at  any  election,  the 
question  of  establishing  or  maintaining,  or  both,  a  free,  public,  non- 
sectarian  library,  and  must  submit  such  question,  if  petitioned  for 
by  three  per  centum  of  the  voters,  at  the  next  preceding  general 
election.  At  such  election  the  question  of  establishing  an  annual 
tax  at  a  certain  rate,  not  exceeding  two  mills  on  the  dollar,  on  all 
taxable  property  of  the  municipality,  shall  be  submitted  and  voted 
upon. 

Sec.  4,  Act  of  July  20,  1917,  P.  L.  1143. 

2016.  If  the  majority  of  votes  cast  upon  this  question  shall  be  in 
favor  of  establishing  such  tax  rate,  the  municipal  authorities,  at  the 
first  meeting  following  the  official  announcement  of  the  result  of 
such  election,  shall  take  the  necessary  steps  to  levy  and  collect  the 
tax  so  levied,  and  shali  appoint  a  board  of  library  directors  as  pro- 
vided in  section  nine  of  this  act.  Said  board  shall  haye  exclusive 
control  of  the  library  so  established  or  maintained,  or  both,  and  shall 
be  governed  as  provided  in  other  sections  of  this  act. 

Sec.  5,  Act  of  July  20,  1917,  P.  L.  1143. 

2017.  The  rate  of  tax  so  voted  shall  be  an  annual  tax  rate  until 
another  vote  is  taken  changing  the  same:  Provided,  That  the  muni- 
cipal authorities  may  increase  said  rate,  not  to  exceed  two  mills  on 
the  dollar,  on  all  taxable  property  of  the  municipality,  without  sub- 
mitting the  question  to  a  vote.  The  tax  shall  be  levied  and  collected 
in  like  manner  as  other  taxes  in  the  municipality,  and  shall  be  in 
addition,  to  all  other  taxes,  and  shall  be  used  for  no  other  purpose 
than  that  of  establishing  or  maintaining,  or  both,  a  free,  public  lib- 
rary. The  money  so  raised  shall  be  under  the  exclusive  control  of 
the  board  of  library  directors  provided  in  section  nine  of  this  act. 

Sec.  6,  Act  of  July  20,  1917,  P.  L.  1143. 

2018.  If  the  residents  of  any  municipality  shall  raise  by  popular 
subscription  a  sum  equal  to  or  exceeding  the  gross  amount  of  a  two- 
mill  tax  on  all  taxable  property  in  the  municipality,  and  shall  offer 
the  sum  so  subscribed  to  the  municipality  for  the  purpose  of  estab- 
lishing a  free,  public,  nonsectarian  library,  said  sum  shall   be  ac- 


451 

cepted  by  the  municipal  authorities,  and  shall  be  used  for  the  sole 
purpose  of  establishing  such  library;  provided,  not  more  than  two 
per  centum  of  the  said  sum  shall  be  subscribed  by  one  individual 
or  firm.  Said  subscription  may  be  made  payable  in  four  quarterly 
payments,  and  shall  be  in  such  form  as  to  be  collectible  by  legal  pro- 
cess if  necessary. 

Sec.  7,  Act  of  July  20,  1917,  P.  L.  1143. 

2019.  In  case  of  the  establishmenl  of  a  free,  public,  nonsectarian 
library  under  the  provisions  of  section  seven  of  this  act,  the  muni- 
cipal authorities  shall  immediately  place  the  sum  so  subscribed  under 
the  control  of  a  board  of  library  directors,  appointed  as  provided  in 

section  nine  of  this  act,  and  proceed  to  levy  and  collect  a  tax  at  the 
annual  rate  of  not  less  than  one  half  mill  nor  more  than  two  mills  on 
the  dollar  on  all  taxable  property  in  the  municipality,  for  the  pur- 
pose of  maintaining  the  library  so  established. 

Sec.  8,  Act  of  July  20,  1917,  P.  L.  1143. 

2020.  The  affairs  of  all  public  libraries  established  or  maintained, 
or  both,  under  the  provisions  of  the  preceding  sections  of  this  act, 
shall  be  under  the  exclusive  control  of  a  board  of  library  directors. 
to  he  composed  of  not  less  than  five  nor  more  than  seven  members, 
as  may  be  decided  by  the  municipal  authorites,  who  shall  appoint  the 
members  and  fill  any  vacancies  occuring  from  any  cause.  The  first 
appointees  shall  be  appointed  as  nearly  as  may  be, — one-third  for  one 
year,  one-third  for  two  years,  and  one-third  for  three  years.  All 
appointments  to  fill  the  places  of  those  whose  terms  expire  shall  be 
for  a  term  of  three  years.  Vacancies  shall  be  filled  for  the  unexpired 
terms.  No  member  of  this  board  shall  receive  any  salary  for  Ids  serv- 
ices as  such. 

Sec.  9.  Act  of  July  20.  1917.  P.  L.  1143. 

2021.  The  board  of  library  directors  shall  organize  as  soon  as  may 
be  after  appointment,  by  the  election  of  a  president,  a  secretary,  and 
a  treasurer  from  its  membership,  and  such  other  officers  and  agents 
as  the  board  may  deem  necessary.  The  treasurer  shall  give  bond  to 
the  municipality,  with  satisfactory  surety,  in  such  amount  as  the 
board  may  determine. 

Sec.  10.  Act  of  July  20,  1917.  P.  L.  1143. 

2022.  Two  or  more  municipalities  may  unite  in  establishing  or 
maintaining,  or  both,  a  free  library,  under  the  terms  of  an  agreement 

-entered  into  between  them.  Said  agreement  shall  be  in  writing, 
and  shall  set  forth  the  purpose,  the  terms  as  to  support  and  control, 
and  the  conditions  under  which  the  agreement  shall  be  altered  or  ter- 


452 

minated.  Said  agreement  shall  not  be  valid  until  it  has  been  accepted 
by  a  majority  vote  of  the  municipal  authorities  of  each  of  the  munici- 
palities agreeing  thereto,  and  signed  by  the  proper  officer  of  each  of 
said  municipalities. 

Sec.  11,  Act  of  July  20,  1917,  P.  L.  1143. 

2023.  Any  municipality  may  make  appropriations,  not  to  exceed 
two  mills  on  the  dollar  on  all  taxable  property  in  the  municipality, 
to  maintain  or  aid  in  the  maintenance  of  a  free  library  established 
otherwise  then  under  the  provisions  of  sections  three,  four,  and  seven 
of  this  act:  Provided,  That  the  municipal  authorities  shall  be  repre- 
sented by  two  members  of  the  board  having  control  of  the  affairs  of 
said  library. 

Sec.  12,  Act  of  July  20,  1917,  P.  L.  1143. 

2024.  Any  municipality  may  contract  with  the  managers  or  owners 
of  any  existing  nonsectarian  library  for  the  free  use  of  such  library 
by  the  residents  of  such  municipality  whether  said  library  is  located 
in  the  same  or  in  another  municipality.  The  term  of  such  contract 
shall  be  three  years,  but  it  may  be  renewable  as  therein  provided. 

Sec.  13,  Act  of  July  20,  1917,  P.  L.  1143. 

2025.  The  municipality  may  appropriate  annually,  from  the  taxes 
levied  and  collected  for  municipal  purposes,  an  amount  not  to  exceed 
two  mills'  on  the  dollar  on  all  taxable  property  in  the  municipality, 
for  the  purpose  specified  in  section  thirteen  of  this  act. 

Sec.  14,  Act  of  July  20,  1917,  P.  L.  1143. 

2026.  When  the  county  commissioners  of  any  county  levy  a  tax 
for  the  purpose  of  establishing  or  maintaining,  or  both,  a  free,  pub- 
lic, nonsectarian  library,  they  are  hereby  authorized  to  exempt  from 
said  levy  all  taxable  property  in  any  municipality  which  is  already 
levying  a  tax  for  the  purpose  of  maintaining  a  free  library:  Provided, 
however,  That  the  municipal  authorities  of  such  municipality  may 
elect  to  join  with  the  county  in  establishing  or  maintaining,  or  both, 
such  library ;  in  which  case  the  taxable  property  in  such  municipality 
shall  be  included  in  such  tax  levy  by  the  county  commissioners,  and 
the  free  library  in  such  municipality  shall  become  a  part  of  the  county 
library  system  and  be  supported  from  the  tax  for  maintaining  tin 
county  library. 

Sec.  15,  Act  of  Juljfc20,  1917,  P.  L.  1143. 

2027.  All  moneys  appropriated  for  the  establishment  or  mainten 
ance,  or  both,  of  a  free,  public,  nonsectarian  library,  and  all  moneys, 
if  any,  received  from  other  sources  for  its  use,  shall  be  under  the  ex- 


453 

elusive  control  and  shall  be  disbursed  under  the  direction  »f  the  b«€U'd 
of  library  directors,  who  shall  make  an  annual  report  to  the  proper 
municipal  authorities.  The  accounts  of  the  treasurer  of  the  board 
of  library  directors  shall  be  audited  as  in  the  case  of  other  municipal 
expenditures. 

Sec.  16,  Act  of  July  20,  1917,  P.  L.  1143. 

2028.  The  annual  report  required  by  the  last  preceding  section 
shall  cover  the  fiscal  year  of  the  municipality.  Said  report  shall  con- 
tain an  itemized  statement  of  all  receipts  from  whatever  source  and 
expenditures,  and  shall  show  the  condition  of  the  library  and  any 
branches  thereof;  the  number  of  volumes,  maps,  pamphlets,  and  other 
material;  the  number  added  by  purchase,  gift,  or  otherwise;  the  num- 
ber lost  or  withdrawn;  the  number  of  registered  borrowers  and  read 
ers;  a  classified  statement  of  the  circulation  of  material,  with  such 
other  information  and  suggestions  as  may  seem  desirable.  A  copy 
of  each  report  made  to  the  municipal  authorities  shall  be  sent  to  the 
State  Free  Library  Commission. 

Sec.  17,  Act  of  July  20,  1917,  P.  L.  11  VS. 

2029.  The  board  of  library  directors  may  establish  branches,  de- 
posit stations,  traveling  libraries,  and  such  other  agencies  as  it  may 
deem  necessary  to  bring  the  books  within  convenient  reach  of  all  the 
residents. 

Sec.  18,  Act  of  July  20,  1917,  P.  L.  1143. 

2030.  Every  librarv  established  or  maintained,  or  both,  under  the 

%/  «.  7  7 

provisions  of  this  act,  shall  be  free  to  the  use  of  all  the  residents  of 
the  municipality,  subject  to  such  reasonable  rules  and  regulations  as 
the  board  of  library  directors  may  adopt,  and  the  board  may  exclude 
from  the  use  of  the  library  any  person  who  may  wilfully  violate  such 
rules.  The  board  may  extend  the  privileges  of  such  library  to  per- 
sons residing  outside  the  limits  of  such  municipality,  upon  such  terms 
and  conditions  as  the  board  may  prescribe. 

Sec.  19,  Act  of  July  20,  1917,  P.  L.  1143. 

2031.  It  shall  be  lawful  for  any  municipality  or  any  corporation, 
owning  or  managing  a  tree,  public,  nonsectarian  library,  to  take  and 
hold  any  property,  real  or  personal,  or  both,  for  library  purposes: 
and  any  person  desiring  to  make  donations  of  books,  money,  personal 
property,  or  real  estate  for  the  benefit  of  a  free,  public,  nonsectarian 
librarv,  whether  established  or  maintained  under  the  provisions  of 
this  act  or  not,  may  vest  the  title  thereto  in  the  municipality  or  the 
corporation  having  control  of  the  affairs  of  the  said  library,  to  b« 
held  and  controlled  by  said  municipality  or  corporation  according  to 


454 

the  terms  of  the  deed,  gift,  devise,  or  bequest;  and,  as  to  such  proper- 
ty, the  said  municipality  or  corporation  shall  be  held  to  be  special 
trustee;  but  in  the  absence  of  restrictions  by  the  terms  of  such  dona- 
tion, deed,  gift,  devise,  or  bequest,  the  said  property  shall  be  con- 
trolled and  administered  by  the  board  of  library  directors  or  by  the 
corporation,  as  the  case  may  be. 

Sec.  20,  Act  of  July  20,   1917,    P.   L.   114::. 

2032.  Whenever  there  is  in  any  municipality,  a  free,  public,  non- 
sectarian  library  which  is  open  to  the  use  of  all  the  residents  thereof, 
no  new  library  shall  be  there  established  under  the  provisions  of  this 
act,  but  all  public  aid  hereby  authorized  shall  be  given  to  such  exist 
ing  library,  under  proper  agreement,  to  enalble  it  to  meet  as  far  as 
possible  the  needs  of  such  residents:  Provided,  however.  That  wher- 
ever there  may  be,  at  the  time  of  the  passage  of  this  act,  two  or  more 
such  libraries  receiving  aid  1'rom  the  same  municipality,  the  appro- 
priation authorized  by  this  act  shall  be  divided  between  said  libraries 
according  to  the  terms  of  an  agreement  previously  entered  into  be- 
tween said  libraries. 

Sec.  21,  Act  of  July  20,  1917,  P.  L.  1143. 

2033.  Any  municipality  is  hereby  authorized  to  purchase  or  set 
apart  lands  and  buildings,  or  parts  of  buildings  already  owned  by 
it,  or  both,  or  to  erect  or  lease  buildings,  to  be  used  for  free  library 
work,  or  to  alter  buildings  already  erected  so  as  to  make  them  suit- 
able for  such  use,  and  it  is  hereby  authorized  to  provide  for  the  cost 
of  the  same  as  in  the  case  of  other  buildings  to  be  used  for  municipal 
purposes. 

Sec.  22,  Act  of  July  20,  1917,  P.  L.  1143. 

2034.  Any.  municipality  may,  by  ordinance  or  resolution,  purchase, 
enter  upon  and  appropriate  private  property  within  its  limits,  for  the 
purpose  of  erecting  or  enlarging  public  library  buildings. 

Sec.  23,  Act  of  July  20,  1917,  P.  L.  1143. 

20:55.  Whenever  any  municipality  shall  appropriate  private  prop- 
erty for  public  library  purposes,  and  the  municipality  cannot  agree 
with  the  owners  thereof  for  the  price  to  be  paid  therefor,  or  when  by 
reason  of  the  absence  or  legal  incapacity  of  the  owner  thereof  no 
such  compensation  can  ibe  agreed  upon,  the  court  of  common  pleas,  or 
any  judge  thereof  in  vacation,  on  application  thereto  by  petition,  by 
the  municipal  authorities  or  any  person  interested,  shall  appoint  a 
board  of  viewers  for  the  assessment  of  damages  caused  by  such  appro- 
priation, as  in  such  cases  provided. 

Sec.  24,  Act  of  July  20,   1917,   P.   L.  1143. 


4r,:, 

2030.  The  proceedings  before  tin-  viewers  Cor  the  allowance  of 
damages  for  property  taken,  injured,  or  destroyed,  and  the  proceed- 
ings upon  their  report,  shall  be  as  provided  in  other  cases  where  such 
municipality  appropriates  private  property  for  municipal  purposi 

Sec.  25,  A.-t  of  July  20,  1917,  P.  L.  11  13. 

l'ii;:?.     [f  five  per  centum  of  the  registered   votes  of  any  munici- 
pality shall  petition  the  municipal  authorities  to  submil  the  question 
<>!'  creating  a  bonded  indebtedness  for  purchasing  grounds  and  erect 
ing  buildings  for  library  purposes,  the  said  authorities  must  submil 
such  question  at  the  next  ensuing  election. 

See.  I'd,  Act  of  July  20,  1917,  P.  L.  114:;. 

2038.  Any  building  which  shall  be  owned  and  occupied  by  a  free, 
public,  nonsectarian  library,  and  the  land  on  which  it  stands  and 
that  which  is  immediately  and  aecessarily  appurtenant  thereto,  shall 
be  exempt  from  all  county,  city,  borough,  town,  school,  bounty,  poor, 
or  road  taxes,  notwithstanding  the  fact  that  some  portion  or  portions 
of  said  building  or  lands  appurtenant  may  be  yielding  rentals  to  the 
corporation  or  association  managing  such  library:  Provided,  That 
the  net  receipts  of  said  corporation  or  association  from  rentals  shall 
be  used  solely  for  the  purpose  of  maintaining  the  said  library.  All 
gifts,  devises,  grants,  or  endowments  made  to  such  a  library,  and  for 
such  purposes,  shall  be  free  from  collateral  inheritance  tax;  and  any 
gifts,  endowments,  or  funds  of  such  a  library  which  are  invested  in 
interest  bearing  securities,  the  income  from  which  is  used  solely  for 
the  purchase  of  books  or  the  maintenance  of  such  library,  shall  be  ex- 
empt from  any  State  tax  on  money  at  interest. 

See.  27.  Act  of  July  20,  1917,  P.  L.  1143. 

2039.  This  act  shall  not  in  any  way  affect  any  agreement  or  agree- 
ments heretofore  made  by  any  municipality  under  any  prior  act  re- 
lating to  free  public  libraries,  hut  all  such  agreements  are  hereby  rati- 
fied and  are  to  continue  as  binding  contracts  between  the  parties. 

See.  28,  Act  of  July  20.  1!>17.   P.  L.  1143. 

2040.  Any  one  who  shall  wilfully  cut,  mutilate,  mark,  or  other- 
wise injure  any  book,  volume,  map,  chart,  magazine,  newspaper,  paint 
ing,  engraving,  or  other  property  of,  or  deposited  in,  any  free  library. 
shall  be  deemed  to  be  guilty  of  a  misdemeanor,  and  may  be  prosecuted 
for  said  offense  before  any  court  of  competent  jurisdiction  ;  and,  upon 
conviction  thereof,  shall  be  liable  to  a  line  of  not  more  than  twenty- 
five  dollars  and  costs  of  prosecution,  or  to  imprisonment  in  the  county 
jail  not  exceeding  fifteen  days,  or  both,  at  the  discretion  of  the  court : 
the  said  fine  when  collected  to  be  for  the  us;'  of  the  said  library  agaiosi 
which  the  aforesaid  offense  was  committed. 

Sec.  29,  Act  of  July  20,  1917,  P.  L.  1143. 


456 
CHAPTER  XLIII. 

PLAYGROUNDS,   PLAYFIELDS,  GYMNASIUMS,   PUBLIC   BATHS, 
SWIMMING   POOLS,  INDOOR  RECREATION   CENTERS, 

AND  FORESTS. 

For  other  provisions  relating  to  playgrounds  and  forests  in  townships  of  the 
first  class,  see  sections  1295  to  1362,  inclusive. 

1*04:1.  The  city  council  of  any  city  of  the  second  or  third,  class,  or 
the  borough  council  of  any  borough,  or  the  township  supervisors  or 
township  commissioners,  as  the  case  may  be,  of  any  township,  or  the 
county  commissioners  of  any  county,  may  designate  and  set  apart 
lor  use  as  playgrounds,  playnelds,  gymnasiums,  public  baths,  swimm- 
ing pools,  or  indoor  recreation  centers,  any  lands  or  buildings  owned 
by  such  city,  borough,  township,  or  county,  and  not  dedicated  or  de- 
voted to  other  public  use.  Such  city,  borough,  township,  or  county 
may,  in  such  manner  as  may  be  authorized  or  provided  by  law  for 
the  acquisition  of  lands  or  buildings  for  public  purposes  in  such  city, 
borough,  township  or  county,  acquire  lands  or  buildings  therein  for 
use  as  playgrounds,  playnelds,  gymnasiums,  public  baths,  swimming 
pools,  or  indoor  recreation  centers,  or,  if  there  be  no  law  authorizing 
such  acquisition,  the  city  council  or  the  borough  council  or  the  town- 
ship supervisors  or  township  commissioners  or  the  county  commis- 
sioners, as  the  case  may  be,  may  acquire  lands  or  buildings  for  such 
purposes  by  gift  or  purchase,  or  may  lease  lands  or  buildings  in  such 
city,  borough,  township,  or  county  for  temporary  use  for  such  pur- 
poses. 

Sec.  1,  Act  of  July  8,  1919  P.  L.  784,  as  amended  by  sec.  1,  Act  of  May 
11    1921,  P.  L.  484. 

2042.  The  authority  to  supervise  and  maintain  playgrounds,  play- 
fields,  gymnasiums,  public  baths,  swimming  pools,  or  indoor  recreat- 
ion centers  may  be  vested  in  any  existing  body  or  board  or  in  a  re- 
creation board,  as  the  city  or  borough  council  or  the  township  super- 
visors or  the  township  commissioners  or  the  county  commissioners 
shall  determine.  The  local  authorities  of  any  such  city,  borough, 
township,  or  county  may  equip,  operate,  and  maintain  the  play- 
grounds, playfields,  gymnasiums,  swimming  pools,  public  baths,  or 
indoor  recreation  centers,  as  authorized  by  this  act.  Such  local 
authorities  may,  for  the  purpose  of  carrying  out  the  provisions  of 
this  act,  employ  play  leaders,  recreation  directors,  supervisors,  super 
intendents,  or  any  other  officers  or  employe,  as  they  deem  proper. 

Sec.  2,  Act  of  July  8.  1919,  P.  L.  784,  as  amended  by  Sec.  2,  Act  of  May 
11,  1921,  P.  L.  484. 


457 

2043.  If  the  city  or  borough  council  or  township  supervisors  or 
township  commissioners  or  the  county  commissioners  shall  determine 
that  the  power  to  equip,  operate,  and  maintain  playgrounds,  play 
fields,   gymnasiums,   public   baths,   swimming   pools,   or   recreation 

centers  shall  be  exercised  by  a  recreation  board,  they  may  establish, 
in  said  city,  borough,  township,  or  county  such  recreation  board, 
which  shall  possess  all  the  powers,  and  be  subject  to  all  the  r 
ponsibilities,  of  the  respective  local  authorities  under  this  act.  Such 
board,  when  established,  shall  consist  of  five  perso:  .  ami  when  estab- 
lished in  a  city  or  borough,  two  of  the  members  shall  be  members  of 
the  school  board.  The  board  shall  he  appointed  by  the  mayor  of  such 
city  or  the  burgess  of  such  borough  or  the  supervisors  or  commis- 
sioners of  such  township  or  Hie  commissioners  of  such  county,  and 
shall  serve  for  terms  of  live  years  or  until  their  successors  are  ap- 
pointed, except  that  the  members  of  such  board  first  appointed  shall 
expire  annually  thereafter.  Members  of  such  board  shall  serve  with 
out  pay.  Women  shall  be  eligible  for  appointment.  Vacancies  in 
such  board  occurring  otherwise  than  by  expiration  of  term  shall  be 
for  the  unexpired  term,  and  shall  be  filled  in  the  same  manner  as 
original  appointments. 

Sec.  3,  Act  of  July  8,  1919,  P.  L.   784,   as  amended  by  Sec.  3,  Act  of 
May  11.  1921,  P.  L.  484. 

2044.  The  members  of  a  recreation  board,  established  pursuant 
to  this  act.  shall  elect  their  own  chairman  and  secretary  and  select 
all  other  necessary  officers,  to  serve  for  a  period  of  one  year,  and  may 
employ  such  persons  as  may  be  needed  as  authorized  by  this  act. 
Such  board  shall  have  power  to  adopt  rules  and  regulations  for  the 
conduct  of  all  business  within  its  jurisdiction. 

Sec.  4.   Act  of  July  8.   1010.   P.  L.   784. 

204.">.  Any  two  or  more  cities,  townships,  or  boroughs,  or  any  city, 
township,  or  borough,  or  any  city,  township  or  borough,  and  county. 
may  jointly  acquire  property  for.  and  operate  ami  maintain,  any 
playgrounds,  playfields,  gymnasiums,  public  baths,  swimming  pools, 
or  indoor  recreation  centers.  Any  school  district  shall  have  the 
power  to  join  with  any  city,  borough,  township,  or  county  in  equip- 
ping, operating,  and  maintaining  playgrounds,  playfields,  gymna- 
siums, public  baths,  swimming  pools,  and  ind  >or  recreation  centers, 
and  mav  appropriate  money  therefor. 

Sec.  5,  Act  of  July  8,  1010.  P.  L.  784.  as  amended  by  Sec.  4.  Act  of  May 
11.  1021.  P.  L.  484. 

2046.  The  city  or  borough  council  or  the  township  supervisors  or 
the  township  commissioners,  as  the  case  may  he,  or  the  county  com 


458 

missioners,  may  issue  bonds  for  the  purpose  of  acquiring  lands  or 
buildings  for  playgrounds,  playfields,  gymnasiums,  swimming  pools, 
public  baths,  or  indoor  recreation  centers  and  for  the  equipment 
thereof. 

Sec.  6,  Act  of  July  S,  1919,  P.  L.  784,  as  amended  by  Sec.  5,  Act  of 
May  11,  1921,  P.  L.  484. 

2047.  All  expenses  incurred  in  the  operation  of  such  playgrounds, 
playfields,  gymnasiums,  swimming  pools,  public  baths,  and  indoor 
recreation  centers,  established  as  herein  provided,  shall  be  payable 
from  the  treasury  of  such  city,  borough,  township,  county,  or  school 
district.  The  local  authorities  of  such  city,  borough,  township, 
county,  or  school  district  having  power  to  appropriate  money  therein, 
may  annually  appropriate  and  cause  to  be  raised  by  taxation  such  tax, 
not  to  exceed  two  mills  on  the  dollar  of  the  assessed  valuation  of  tax- 
able property  in  such  city,  borough,  township,  county,  or  school  dis- 
trict, for  the  purpose  of  maintaining  and  operating  playgrounds, 
playfields,  gymnasiums,  public  baths,  swimming  pools,  and  recrea- 
tion centers. 

Sec.  7,  Act  of  July  8,  1919,  P.  L.  784,  as  amended  by  Sec.  6,  Act  of  May 
11,  1921,  P.  L.  484. 

2048.  The  county  commissioners  of  several  counties  of  this  Com- 
monwealth are  hereby  authorized  to  appropriate  money  for  and  to 
provide  for  the  erection  of  monuments  or  memorials  commemorating 
the  service  of  the  soldiers,  sailors,  and  marines,  in  the  war  with  Ger- 
many and  Austria.  The  style  and  character  of  such  monuments  or 
memorials  shall  be  approved  by  the  State  Art  Commission. 

Sec.  1,  Act  of  June  4,  1919,  P.  L.  374. 

20^9.  The  county  commissioners  are  authorized,  in  order  to  pre- 
vent duplication,  to  appropriate  money  to  assist  any  individual,  pri- 
vate corporation,  city,  borough,  town,  or  township  in  the  erection  of 
any  monument  or  memorial  for  said  soldiers,  sailors,  and  marines. 
Before  any  such  appropriation  is  made,  the  style  and  character  of 
such  monument  or  memorial  shall  be  approved  by  the  State  Art  Com- 
mission. 

Sec.  2,  Act  of  June  4,  1919,  P.  L.  374. 

2050.  The  Department  of  Forestry  is  authorized  to  enter  into 
agreements  for  the  prevention  and  suppression  of  forest  fires  with 
county,  township,  municipal  and  private  agencies  owning  or  controll- 
ing woodlots,  forests,  or  wild  lands,  or  whose  activities  in  whole  or 
in  part  are  directed  toward  the  prevention  and  suppression  of  forest 
fires.  The  department  is  authorized  to  expend  from  its  general  for- 
est fire  appropriation,  for  such  protective  and  preventive  purposes 
.is  it  deems  effective,  a  sum  of  money  equal  in  amount  to  the  amount 


I.V.I 

which  shall  be  expended  by  such  agencies  in  accordance  with  such 
agreements.  All  expenditures  musl  ftrsl  be  presented  to  tin-  Deparl 
ment  of  Forestry  in  monthly  statements,  in  form  and  manner  pre 
scribed  for  the  payment  of  any  sum  from  the  foresl  fire  appropria 
lion.  The  Commissioner  <>f  Forestry  shall  audit  the  same  and  trans 
mit  them  to  the  Auditor  General,  who  shall  then  draw  his  warrant 
for  one-half  of  the  amount  <>r  expenditures  approved  by  the  Commis 
sioner  of  Forestry. 

Sec.  1,  Act  of  June  4,  1915,  P.  L.  815. 

2051.  Every  county,  township,  municipal  or  private  agency  work 
ing  under  agreement  with  Hie  department  in  accordance  with  1his 
act,  shall  render  to  the  department,  at  the  end  of  each  calendar  year. 
a  report  setting  forth  a  complete  itemized  statement  of  expenditures 
made  with  a  view  to  the  prevention  and  suppression  of  forest  fires, 
and  stating  such  other  information  as  the  department  may  request. 
The  financial  statement  and  facts  relating  thereto  shall  be  accom- 
panied, by  an  affidavit  subscribed  to  by  the  person  authorized  to 
make  the  report. 

Sec  2,  Act  of  June    I.  1915,  P.  L.  815. 


CHAPTER  XLIV. 

ACQUISITION  OF  LAND  FOR  USE  OF  NATIONAL  GUARD 

2052.  It  shall  be  lawful  for  any  county,  city,  borough,  town  or 
township  to  acquire,  by  purchase,  or  by  gift,  or  by  the  right  of  emin- 
ent domain,  any  land  for  the  use  of  the  National  Guard  of  Pennsyl- 
vania, and  to  convey  such  lands  so  acquired  to  the  Commonwealth  of 
Pennsylvania  to  assist  the  Armory  Board  in  the  erection  of  armories. 
The  proceedings  for  the  condemnation  of  lands  under  the  provisions  of 
this  act  and  for  the  assessment  of  damages  for  property  taken,  in 
jured  or  destroyed  shall  be  taken  in  the  same  manner  as  is  now  pro- 
vided by  law  for  the  condemnation  of  lands  for  public  purposes  in 
counties,  cities,  boroughs,  towns,  and  townships. 

Sec.    1.   Acl   of  May    L2,   L921,   P.    I..  554. 

2053.  Th<-  power  conferred  by  this  act  shall  not  be  exercised  to 
take  any  church  property,  graveyard,  cemetery,  or  any  dwelling  house. 
or  the  curtilage  of  the  same  in  the  actual  occupancy  of  the  owner 

Sec.  •_'.  Ad  of  Maj    12,  L921,  P.  L.  554. 


4fi0 

CHAPTER   XLV. 

PUBLIC    HEALTH. 

(a)     Boards  of  Health  in  Townships  of  the  First 

Class. 

2054.  A  board  of  health  shall  be  established  and  maintained  ii. 
each  borough  and  township  of  the  first  class  in  this  Common wealth, 
within  three  months  after  the  passage  of  this  act. 

Sec.  1,  Act  of  June  12,  1913,  P.  L.  471. 

2055.  The  board  of  health  shall  be  composed  of  five  members,  at 
least  one  of  whom  shall  be  a  reputable  physician  of  not  less  than  two 
years  experience  in  the  practice  of  his  profession.  The  members  of 
the  board  of  health  shall  be  appointed  by  the  president  of  the  borough 
councils,  or  by  the  chairman  of  the  board  of  commissioners  of  such 
township.  At  the  first  appointment,  one  member  shall  he  appointed 
to  serve  for  one  year,  one  for  two  years,  one  for  three  years,  one  for 
four  years,  and  one  for  five  years;  and  thereafter  one  member  shall, 
in  like  manner,  be  appointed  each  year,  to  serve  for  five  years.  The 
members  of  the  board  of  health  shall  be  residents  of  the  municipality 
for  which  they  are  appointed,  and  shall  serve  without  compensation: 
Provided,  however,  if  any  member  of  the  board  shall  be  elected  to  the 
office  of  secretary,  he  shall  be  entitled  to  receive  a  salary,  fixed  by  the 
board,  for  that  office. 

Sec.  2,  Act  of  June  12,  1913,  P.  L.  471. 

Members  of  a  board  of  health  in  a  borough  may  be  removed  at  the  pleasure 
of  the  president  of  council,  who  appoints  them :  Howells  v.  Morris,  44  P"- 
C.  C.  139,  s.  c.  12  Sch.  55,  7  M.  L.  R.  19/,,  25  D.  R.  91,6. 

Members  of  a  board  of  health  in  a  township  may  be  removed  by  the  chair- 
man of  the  board  of  commissioners  of  the  township,  at  his  own  pleasure 
and  without  complaint  having  been  entered  against  them  :  Nichol,  et  ul.  v. 
Mussman,  et  al.,  6$  P.  L.  J.  1,35,  s.  c.   8  M.  L.   R.   25,  D.  R.  217. 

2056.  The  members  of  the  board  shall  severally  take  and  sub- 
scribe to  the  oath  prescribed  for  borough  or  township  officers:  and 
shall  annually  organize  by  electing  a  president  from  among  the 
members  of  the  board,  a  secretary  who  may  or  may  not  be  a  member 
of  the  board,  and  a  health  officer  who  shall  not  be  a  member  of  the 
board.  The  secretary  and  the  health  officer  shall  receive  such  salary 
as  may  be  fixed  by  tthe  board,  and  ratified  by  the  borough  council  or 
by  the  board  of  commissioners  of  the  township  of  the  first  class,  and 
shall  serve  for  a  period  of  one  year,  or  until  such  time  thereafter  as 
their  successors  may  be  elected  and  qualified.  They  shall  severally 
give  bond  to  the  borough  or  township,  in  such  sums  as  may  be  fixed 


461 

by  ordinance,  for  their  faithful  discbarge  of  the  duties  and  shall 
also  take  and  subscribe  to  the  oath  required  by  the  members  of  the 
board. 

■<-..  3,  Act  of  June  12,  1913,  P.  L.  471. 
\  salary  for  an  assistant  health  officer  is  not  contemplated  in  this  section: 
U'/.s";i  r.  Township  of  Hanover,  <t  <il.  t'.i  l.n  .'/?. 

2057.  The  secretary  of  the  board  shall  keep  the  minutes  of  their 
proceedings;  shall  keep  accurate  accounts  of  the  expenditures  of  the 
board;  shall  draw  and  certify,  under  the  seal  of  the  board  of  health, 
all  orders  upon  the  treasurers  of  the  borough  or  township  of  the  first, 
class,  for  the  payment  of  moneys  on  account  of  the  board  of  health, 
and  shall  present  the  same  to  the  president  of  the  board  for  his  ap- 
proval; shall  render  statements  for  the  expenditures  to  the  board  at 
each  stated  meeting,  or  as  frequently  as  they  may  require;  shall  pre- 
pare, under  the  directions  of  the  board,  the  annual  report  to  the  bor- 
ough council  or  township  commissioners,  together  with  the  estimate 
of  appropriation  needed  for  the  ensuing  year;  he  shall  report  to  the 
State  Department  of  Health  at  the  end  of  each  week,  and  for  the 
fraction  of  each  week  occurring  at  the  end  of  each  month,  the  cases 
of  communicable  disease  reported  l<>  the  board  of  health,  on  the  form 
provided  for  that  purpose  by  the  State  Department  of  Health;  and 
shall  also  make  an  annual  report  to  the  State  Department  of  Health; 
and  shall  make  such  other  reports  and  perform  such  other  duties  as 
the  board  may  require. 

Sec.  4,  Act  of  June  12,  1913,  P.  L.  471. 

2058.  It  shall  be  the  duty  of  the  health  officer  to  attend  all  stated 
and  special  meetings  of  the  board  of  health,  and  at  all  times  be  ready 
and  available  for  the  prompt  performance  of  his  official  duties.  He 
shall  placard  and  quaratine  all  premises  upon  which  cases  of  com- 
municable  disease  exist,  which  have  been  reported  to  the  board  of 
health  or  of  which  he  or  the  board  of  health  may  have  knowledge, 
which  are  required  by  law,  or  by  regulation  of  the  State  Department 
of  Health  or  of  the  local  board  of  health,  to  be  placarded  and  quaran- 
tined; and  shall  disinfect  such  premises  upon  the  expiration  of  the 
quarantine  period,  and  the  recovery  of  the  last  person  therein  suffer- 
in"'  from  such  disease.  He  shall  serve  written  notice  on  teachers  and 
l>ei  sous  in  charge  of  public,  parochial.  Sunday,  and  other  schools,  re- 
quiring the  exclusion  from  school  of  children  who  are  suffering  from 
or  who  reside  in  the  same  premises  with  other  persons  who  are  suffer- 
ing from  communicable  diseases  ;  and  shall  make  sanitary  inspections, 
and  shall  execute  the  orders  of  the  hoard  of  health,  and  shall  in  the 
performance  of  his  duties  have  the  power  and  authority  of  a  police- 
man. 

Sec.  5,  Act  of  June  12,  1913.  P.  L.  471. 


462 

2059.  The  said  board  of  health  shall  have  the  power,  and  it  shall 
be  their  duty,  to  enforce  the  laws  of  the  Commonwealth,  the  regula- 
tions of  the  State  Department  of  Health,  and  to  make  and  enforce 
such  additional  rules  and  regulations  to  prevent  the  introduction  and 
spread  of  infectious  or  contagious  diseases,  by  the  regulation  of  in- 
tercourse with  infected  places,  by  the  separation  of  infected  persons, 
and  persons  who  shall  have  been  exposed,  to  any  infectious  or  con- 
tagious disease,  and  by  abating  and  removing  all  nuisances  which 
they  shall  deem  prejudicial  to  the  public  health ;  to  mark  infected 
houses  or  places,  to  prescribe  rules  for  the  construction  and  main- 
tenance of  house-drains,  wash-pipes,  soil-pipes  and  cesspools ;  and  to 
make  all  such  other  rules  and  regulations  as  they  shall  deem  neces- 
sary for  the  preservation  of  the  public  health.  They  shall  also  have 
powrer,  with  the  consent  of  councils  or  township  commissioners,  in 
case  of  a  prevalence  or  apprehended  prevalence  of  any  contagious  or 
infectious  diseases  in  their  borough  or  township,  to  establish  one  or 
more  emergency  hospitals,  and  to  make  provisions  and  regulations 
for  the  maintenance  and  management  of  the  same. 

The  board  shall  also  have  the  power  to  make,  enforce,  and  cause  to 
be  published,  all  necessary  rules  and  regulations  for  carrying  into 
effect  the  powers  and  functions  with  which  they  are  invested  by  law, 
and  the  power  and  authority  relating  to  the  public  health  conferred 
on  the  boroughs  and  townships  of  the  iirst  class.  Such  rules  and 
regulations,  when  approved  by  the  borough  council  and  burgess  or  by 
the  township  commissioners,  as  the  case  may  be,  and  when  advertised 
in  the  same  manner  as  other  ordinances,  shall  have  the  force  of  ordi- 
nances of  the  borough  or  township  respectively;  and  all  penalties  or 
punishment  prescribed  for  the  violation  thereof,  as  well  as  the  ex- 
penses actually  and  necessarily  incurred  in  carrying  such  rules  and 
regulations  into  effect,  shall  be  recoverable,  for  the  use  of  the  borough 
or  township,  respectively,  in  the  same  manner  as  penalties  for  viola- 
tion of  the  ordinances  of  the  borough  or  township,  and  subject  to  the 
like  limitations  as  to  the  amount  thereof. 

Sec.  6,  Act  of  June  12,  1913,  P.  L.  471,  as  amended  by  Sec.  1,  Act  of 
April  14,  1915,  P.  L.  114. 

Without  the  consent  of  the  board  of  health,  the  borough  council  has  no 
power  to  repeal  a  rule  of  the  board  of  health,  although  the  rules  had  to 
be  originally  approved  by  council :  Carlisle  Borough  v.  Eppley  No.  1,  9 
M.  L.  R.  220,  s.  c.  27  D.  R.  189. 

Boards  of  health  have  no  power  to  arrest  those  violating  their  rules  and 
regulations  nor  to  have  them  punished  by  fine  and  imprisonment  unless  such 
rules  and  regulations  are  duly  enacted  into  ordinances  and  advertised  and 
promulgated  the  same  as  other  ordinazwes :  In  re  Public  Health,  Opinion 
by  B.  J.  Myers,  Deputy  Attorney  General,  68  P.  L.  J.  JfiO 

A  board  of  health  in  a  township  of  the  first  class  may,  on  its  own  initi 
ative,   order  its  proper  officer  or   employe  to  institute   prosecutions   for  the 


463 

violations  of  the  duly   promulgated   regulations  of  the  State   Department   of 
Health.      In   re   Health.    Opinion    by    Frank    M.    Hunter,    Deputy    Attorney 

General,  68  P.  L.  ./.  665  , 

2060.  Said  board  of  health  shall  have  the  power  as  a  body,  or  by 
committee,  as  well  as  the  health  officer,  together  with  their  assistants, 
subordinates,  and  workmen,  under  and  by  order  of  the  said  hoard,  to 
enter  at  any  time  upon  any  premises  in  the  borough  or  township  upon 
which  there  is  suspected  to  be  any  infectious  or  contagious  disease. 
or  nuisance  detrimental  to  the  public  health,  for  the  purpose  of  ex- 
amining and  abating  the  same. 

Sec.  7,  Act  of  June  12,  1913,  P.  L.  471. 

20(>1.  The  board  of  health  may  inspect  house  drains,  waste  and 
soil-pipes,  cesspools,  water-closets,  slaughter-houses,  hog-pens,  stables, 
stable-yards,  and  any  conditions  or  places  whatsoever,  in  the  borough 
or  township  of  the  first  class,  which  may  constitute  a  nuisance  or  a 
menace  to  public  health  ;  and  whenever  any  condition  or  place  in  the 
b)oi>ough  or  township  <>!'  the  first  class  is  found  by  them  to  be  a 
nuisance  or  a  menace  to  the  health  of  the  people  of  the  borough  or 
i»  vvnship  of  the  first  class,  they  shall  issue  a,  written  order  of  abate 
ment,  directed  to  the  owner,  or  agent  of  the  owner,  of  the  premises, 
stating-  that  the  conditions  specified  therein  constitute  a  nuisance  or 
a.  menace  to  health,  and  ordering  an  abatement  thereof  Avithin  such 
time  as  may  be  specified  by  them  in  such  order.  In  case  such  order  of 
abatement  is  not  obeyed  within  the  time  specified  therein,  they  shall 
thereupon  issue  a  further  written  order  to  the  health  officer,  direct- 
ing him  to  remove  or  abate  tlhe  same;  which  order  shall  be  executed 
by  him  and  his  subordinates  and  workmen,  and  the  expense  thereof 
shall  he  recoverable  from  the  owner  of  the  premises  upon  or  from 
which  the  nuisance  or  menace  to  health  is  abated  or  removed,  in  the 
same  manner  as  debts  of  like  character  are  now  collected  by  law;  or 
the  said  board  of  health  may  proceed  to  enforce  such  otlher  remedy, 
or  inflict  such  penalty,  as  may  by  ordinance  of  the  borough  or 
township  of  the  first  class  be  provided. 

Sec.  S,  Act  of  June  12,  1913,  P.  L.  471. 

A  board  of  health  in  a  first  class  township  may  abate  conditions  declared 
to  he  nuisances  by  regulations  of  the  State  Department  of  Health  and  recover 
the  cost  of  such  abatement  from  the  owner  of  the  premises  in  the  manner 
provided  by  the  above  section.  In  re  Health,  opinion  by  Frank  .V.  Hunter. 
Deputy  Attorney  General,  68  P.  L.  J.  665. 

2062.  It  shall  be  the  duly  id'  the  board  of  health  in  submit  annually 
to  the  councils  or  township  commissioners,  before  the  commencement 
of  the  fiscal  year,  an  estimate  of  the  probable  expenditures  of  the 
board  during  the  ensuing  year;  and  councils  or  township  commis- 


464 

sioners  shall  then  proceed  to  make  such  appropriation  thereto  as  may 
be  necessary;  and  the  said  board  shall,  in  the  month  of  January  of 
each  year,  submit  a  report,  in  writing,  to  councils  or  township  com- 
missioners, of  its  operations  and  expenditures  for  the  preceding  year, 
together  with  such  other  information  on  subjects  relative  to  the  sani- 
tary conditions  or  requirements  of  the  borough  or  township  as  may 
be  necessary,  and  councils  or  township  commissioners  shall  publish 
the  same  in  their  official  journal. 

Sec.  9,  Act  of  June  12,  1913,  P.  L.  471. 

Where  a  statement  of  the  previous  year's  expenses  was  regarded  "an 
estimate  of  the  probable  expenditures  of  the  board  during  the  ensuing  year," 
Mason  r.   Township  of  Hanover  et  al.,  19  Luz.  239-2ri6. 

2063.  Whenever,  in  the  opinion  of  the  Commissioner  of  Health  of 
the  Commonwealth  of  Pennsylvania,  conditions  found  by  him  to  exist 
in  any  borough  or  township  of  the  first  class  in  this  Commonwealth 
shall  constitute  a  menace  to  the  lives  and  health  of  people  living  out- 
side the  corporate  limits  of  such  borough  or  first  class  township,  or 
if  it  be  known  to  him  that  any  borough  or  township  of  the  first  class 
is  without  an  existing  or  efficient  board  of  health,  the  Commissioner 
of  Health  may  enter,  and  take  full  charge  of  and  administer  the  health 
laws,  regulations,  and  ordinances  in  such  borough  or  township  of  the 
first  class;  and  may  continue  in  charge  thereof  until  he  shall  decide 
that  a  competent,  efficient  board  of  health  has  been  appointed  and 
qualified  for  such  borough  or  township  of  the  first  class,  and  is  ready, 
able,  and  willing  to  assume  and  carry  into  effect  the  duties  imposed 
upon  it  by  law. 

Sec.  10,  Act  of  June  12,  1913,  P.  L.  471. 

2064.  All  expenses  incurred  by  any  local  board  of  health,  its  offi- 
cers or  employes,  in  the  performance  of  the  duties  imposed  upon  it 
by  law,  and  all  expenses  incurred  by  the  Commissioner  of  Health  in 
accordance  with  the  provisions  of  section  ten  of  this  act,  shall  be  paid 
by  the  borough  or  township  of  the  first  class  wherein  such  duties  are 
performed,  in  the  same  manner  as  other  expenses  of  such  borough  or 
township  of  the  first  class  are  paid. 

Sec.  11,  Act  of  June  12,  1913,  P.  L.  471. 

2065.  Whenever  expenses  incurred  by  the  Commissioner  of  Health 
in  the  administration  of  health  laws  in  any  borough  or  township  of 
the  first  class,  in  accordance  with  the  provisions  of  this  act,  shall  re- 
main unpaid  by  said  borough  or  township  of  the  first  class  for  a 
period  over  three  months  after  a  statement  of  such  expense  has  been 
rendered  by  him  to  such  borough  or  township  of  the  first  class,  and 
demand  for  payment  by  him  made,  he  shall,  with  the  approval  of  the 


465 

Governor,  institute,  in  the  name  of  the  Commonwealth  aa  plaintiff, 
an  action  of  assumpsil  againsl  such  borough  or  township  of  the  firsl 
class,  for  the  collection  of  such  expense  from  tin-  borough  or  township 
of  the  firsl  class,  in  the  same  manner  as  debts  of  like  amount  are 
collected  by  law:  Provided,  however,  That,  upon  the  trial  of  any 
such  action  of  assumpsit,  the  reasonableness  of  the  expenditures 
made  by  the  Commissioner  of  Health  shall  be  submitted  to  the  jurj 
for  its  determination. 

Sec.  12,  An  of  June  12,  mi::.  P.  L.  471. 

20G6.  All  expenses  inclined  by  the  Commissioner  of  Health  in  the 
administration  of  health  laws  in  any  borough  or  township  of  the 
first  class,  when  paid  to  him  by  such  borough  or  township  of  the 
first  class,  or  when  collected  by  him,  shall  be  returned  by  him  to  the 
State  Treasurer,  who  shall  credit  the  amount  so  received  to  the  ap- 
propriation made  to  the  Department  of  Health. 

Sec.  13,  Act  of  June  12,  1913,  P.  L.  471. 


(b)     Quarantine  Regulations. 

2067.  The  following  diseases  are  hereby  specifically  declared  to 
be  communicable ;  to  wit, 

Actinomycosis,  anthrax,  bubonic  plague,  cerebrospinal  meningitis 
(epidemic),  (cerebrospinal  fever,  spotted  fever),  chicken  pox.  Asiatic 
cholera,  diphtheria  (diphtheritic  croup,  membranous  croup,  putrid 
sore  throat),  epidemic  dysentery  bacillary  or  amebic  dysentery i, 
erysipelas,  German  measles,  glanders  (farcy),  rallies  (hydrophobia.) 
leprosy,  malarial  fever,  measles,  mumps,  pneumonia  (true),  puer- 
peral fever,  relapsing  fever,  scarlet  fever  (scarlatina,  scarlet  rash). 
smallpox  (variola,  varioloid),  tetanus,  trachoma,  trichiniasis,  tuber- 
culosis in  any  form,  typhoid  fever,  para  typhoid  fever,  typhus  fever, 
whooping-cough,  yellow  fever,  anterior  poliomyelitis,  impetigo  con 
tagiosa,  pallagra,  scabies,  or  uncinariasis. 

The  Department  of  Health  may.  when  it  deems  it  necessary  to 
safeguard  human  life  and  health,  declare  as  communicable  diseases 
additional  to  those  hereinabove  specifically  so  declared,  but  only  in 
the  following  manner;  that  is  to  say. 

The  Commissioner  of  Health,  shall  call  a  meeting  of  the  advisory 
board,  five  days  written  notice  of  which  shall  be  sent  to  each  member 
of  the  board.  The  notice  shall  state  the  time  and  place  of  meeting 
and  the  fact  that  a  proposed  regulation  will  be  presented  declaring 
a  certain  disease  or  diseases — setting  it  or  them  forth  by  name — to 
be  communicable.     Tin1  notice  shall   also  state  such   of  the  disease* 

30 


466 

as  should,  in  the  ((pinion  of  the  Commissioner  of  Health,  be  quaran 
tinable  or  reportable,  or  both,  and  the  quarantine  period  therefor. 

If  at  such  meeting  four  members  of  the  advisory  board  personally 
present  shall  vote  affirmatively  upon  such  proposed  regulation,  any 
disease  therein  set  forth  is  or  are  hereby  declared  communicable, 
with  the  same  force  and  effect  as  if  expressly  enumerated  in  this  act. 
Any  such  disease  is  hereby  further  declared  quarantinable  or  report- 
able, or  both,  as  may  be  provided  in  the  regulation,  with  the  force 
and  effect  hereinbefore  referred  to.  Printed  notice  of  the  regulation 
shall  be  promulgated  in  the  same  manner  as  is  provided  by  law  in 
the  case  of  other  regulations  of  the  Department  of  Health. 

The  regulation  may  be  amended  at  such  meeting  so  as  to  eliminate 
some  or  any  of  the  diseases  set  forth  in  the  notice,  but  no  disease 
shall  be  declared  communicable  which  is  not  contained  in  the  notice. 

Every  physician  practicing  in  any  portion  of  this  Commonwealth 
who  shall  treat  or  examine  any  person  suffering  from  or  affected 
with  any  disease  herein  specifically  declared  communicable  and  re- 
portable or  by  regulation  declared  communicable  and  reportable, 
shall,  if  said  case  shall  be  located  in  a  township  of  the  first  class,  a 
borough,  or  a  city,  forthwith  make  a  report  in  writing  to  the  health 
authorities  of  said  township,  city  or  borough;  and,  if  said  case  shall 
be  located  in  a  tOAvnship  of  the  second  class,  or  a  city,  borough,  or 
township  of  the  first  class  not  having  a  board  of  health  or  body  acting 
as  such,  to  the  health  officer  appointed  by  the  State  Department  of 
Health  for  such  district;  upon  blanks  supplied  for  that  purpose,  in 
which  report  he  shall,  over  his  or  her  own  signature,  state  the  name 
of  the  disease,  and  the  name,  age,  sex,  color,  nativity,  and  occupation, 
if  any,  of  the  person  suffering  therefrom,  together  with  the  street 
and  house  number  of  the  premises  in  which  said  person  may  be 
located,  or  otherwise  sufficiently  designate  the  same,  the  date  of  the 
onset  of  the  disease,  the  name  and  occupation  of  the  householder  in 
whose  family  the  disease  may  have  occurred,  the  number  of  children 
in  said  household  attending  school  and  the  name  or  names  of  the 
school  or  schools  so  attended,  together  with  such  information  re- 
latino;  to  said  case  as  may  be  required  by  said  health  authorities  and 
the  State  Department  of  Health. 

Sec.  J,  Act  of  July  17.  1939.  P.  L.  1010. 

Under  the  Act  of  Jane  18,  1895.  P.  U.  20.°,,  it  was  hold  that  the  failure  of  a 
physician  to  report  a  contagious  disease  was  not  an  indictahlo  offense,  but  a 
statutory  wrong  punishable  by  summary  fine :  Com.  v.  Chadman,  11  D.  R. 
430,  .<?.  c.  19  Lane.  L.  R.  117. 

Under  this  section  and  a  resolution  of  the  State  Penatrmont  of  Health 
declaring  gonorrhea  and  syphilis  to  be  transmissable  diseases  subject  to 
quarantine.  A  person  having  syphilis  may  be  quarantined  in  the  county 
jail.     County  of  Erie  r.  Fox.  Sheriff,  2  Erie  227. 


4(17 

20G8.     I  rpon  receipl   by  ili«j  health  authorities  of  any  township  of 
the  lirsi  class,  borough,  or  <iiy,  or  by  the  liealth  officer  of  the  State 
Department  of  Health,  of  .1  report   of  the  existence  of  a  case  of  an- 
thrax, bubonic  plague,  cerebrospinal   meningitis    (epidemic,)    (cere 
brospinal   fever,  spotted   fever),  chicken-pox,  Asiatic  cholera,  dipb 
theria   (diphtheritic  croup,  membranous  croup,  putrid  sore  throat), 
German  measles,  glanders  (farcy),  leprosy,  measles,  mumps,  scarlel 
lever   (scarlatina,  Scarlel    rash),  smallpox    1  variola,   varioloid),   ty- 
phoid fever,  para  typhoid  fever,  typhus  fever,  whooping   :ough,  yellow 
fever,  or  any  disease  declared  communicable  and  quarantinable  by 
regulation  as  hereinbefore  provided,  the  said  health  authorities,  or  a 
health  officer  or  a  medical  representative  of  the  State  Department  of 
Eealth,  as  the  case  may  be,  shall  quarantine  or  cause  to  be  quaran- 
tined the  premises  in  which  such  disease  exists  and  any  person  or 
persons  who  has  or  have  been  exposed  thereto,  or  any  person  or  per 
s<  us  who  in  the  opinion  of  the  attending  physician,  health  authorities, 
or  a  medical  representative  of  the  State  Department  of  Health,  is 
reasonably  suspected  of  having  such  disease,  by  quarantining  such 
person  or  persons  either  upon  the  premises  in  which  the  disease  exists 
or  in  a  place  designated  in  this  State  for  the  isolation,  control,  and 
treatment  of  communicable  disease,  in  the  manner  prescribed  by  the 
rules  and  regulations  both  of  the  said  health  authorities  and  the 
State  Department  of  Health;  and  shall  post  or  cause  to  be  posted,  in 
a  conspicuous  place  or  places  upon  the  premises  in  which  the  said 
disease  may  be  located,  a  placard  or  placards,  upon  which  shall  be 
printed  in  conspicuous  letters  the  name  of  the  disease  from  which  the 
person  or  persons  in  said  house  or  premises  is  or  are  suffering,  with 
the  warning  that  said  premises  are  quarantined,  that  no  person  or 
persons  other  than  the  attending  physician  and  trained  nurse  shall 
enter  or  leave  the  said  premises,  except  by  permission  of  the  health 
authorities,  and   selling  forth    the  penalties   prescribed   by  this  act 
for  violations  of  quarantine:    Provided,  That,  in  the  case  of  a  person 
,,i-  persons  suspected  of  suffering  from  disease  or  diseases  of  the  g< 
erative  organs,  no  quarantine  shall  be  established  or  caused  to  be  es 
tablished  by  health  officers  or  representatives  of  the  State  Depart- 
ment of  Health  until  if  is  reasonably  certain,  from  personal  examina- 
tion or  laboratory  tests  or  from  evidence  which  lias  been  furnished  '• 
the  State  Health  Department '  or  to  any  board,  bureau,  or   department 
of  health,  that  the  person  or  persons  are  suffering  from  dis  of  the 

generative  organs,  but  this  proviso  shall  not  prevent  the  quarantine 
of  persons  known  to  be  prostitutes  and  reasonably  suspected  of  suf- 
fering from  diseases  of  the  generative  organs  and  of  being  a  men- 
ace to  the  health  of  a  community:  Provided  further,  That  variola  or 
varioloid    shall    be  placarded    as   ••smallpox"    and    that  diphtheritic 


468 

croup,  membranous  croup,  and  putrid  sore  throat  shall  be  placarded 
as  ''diphtheria,"  that  scarlatina  and  scarlet  rash  shall  be  placarded 
as  "typhoid  fever":  Provided  further,  That  in  addition  to  the  pla- 
carding, said  health  authorities  may,  for  the  purpose  of  enforcing 
quarantine  regulations,  place  a  guard  or  guards  over  the  said  house 
or  houses  or  premises. 

Sec.  2,  Act  of  July  17,  3919,  P.  L.  1010,  as  amended  by  Sec.  1,  Act  of 
Apu  21,  1921,  P.  L.  207. 

2069.  The  said  placard  or  placards  shall  remain  in  place  until 
the  expiration  of  the  quarantine  period  fixed  by  the  health  authori- 
ties and  the  recovery,  death,  or  removal  of  the  person  or  persons  af- 
fected; and  shall  only  be  removed  by  the  health  officer,  at  which 
time  he  shall  disinfect  the  premises,  except  for  typhoid  fever  and 
para  typhoid  fever,  in  accordance  with  the  rules  and  regulations  of 
the  health  authorities  and  the  State  Department  of  Health  regarding 
the  destruction  and  disinfection  of  infected  bedding,  clothing,  and 
other  articles  wihich  have  been  exposed  to  infection  and  the  disin- 
fection of  rooms,  premises,  and  inmates. 

Sec.  3,  Act  of  July  17,  1919,  P.  L.  1010. 

2070.  The  quarantine  period  for  anthrax,  bubonic  plague,  cerebro- 
spinal meningitis  epidemic),  (cerebrospinal  fever,  spotted  fever), 
Asiatic  cholera,  typhus  fever,  yellow  fever,  relapsing  fever,  leprosy, 
and  whooping-cough  shall  be  until  the  recovery,  death,  or  removal  of 
the  patient  so  suffering,  and  shall  be  determined  in  accordance  with 
the  rules  and  regulations  of  the  health  authorities.  The  quarantine 
period  for  smallpox  (variola,  varioloid)  and  scarlet  fever  (scarlatina. 
scarlet  rash)  shall  be  a  minimum  period  of  thirty  days  or  until  such 
time  thereafter  as  the  last  person  in  the  premises  so  suffering  shall 
have  fully  recovered  or  until  death  or  removal.  The  quarantine 
period  for  diphtheria  ,diphtheritic  croup,  membranous  croup,  putrid 
sore  throat)  shall  be  a  minimum  period  of  twenty-one  days  or  until 
complete  recovery  or  the  death  or  removal  of  the  patient:  Provided, 
That  if  antitoxin  has  been  used  for  curative  puposes  for  the  patient 
and  for  the  immunizing  of  all  of  the  inmates  of  the  premises,  and  Lwo 
negative  bacteriological  cultures  have  been  secured  from  the  diseased 
area  of  each  patient  on  the  premises,  for  two  successive  days,  the 
minimum  period  of  quarantine  may  be  fourteen  days.  The  quaran- 
tine period  for  measles,  German  measles,  chicken-pox,  and  mumps 
shall  be  for  a  minimum  period  of  sixteen  days  or  until  the  recovery 


469 

of  the  last  person  on  the  premises  so  suffering  or  until  complete  re- 
covery or  the  death  or  removal  of  the  patient. 

Sec.  4,  Act  of  July  17.  1919,  P.  L.  1010,  as  amended  by  Sec.  2,  Art  of 
April  21,  1921,  P  L.  207. 

Under  the  above  section  the  period  of  quarantine  in  cases  <>f  cerebrospinal 
meningitis  ends  with  the  death  of  the  person  who  has  the  disease,  unless  it 
is  extended  by  rule  or  regulation  of  the  local  health  authorities,  or  by  the 
State  Department  of  Health,  Commonwealth  v.  Cutler  et  al.  50  Pa.  C.  C. 
610. 

2071.  No  child  <>r  other  person  suffering  from  anthrax,  bubonic 
plague,  cerebrospinal  meningitis  (epidemic),  (cerebrospinal  fever, 
spotted  fever i,  Asiatic  cholera,  smallpox  (variola,  varioloid,!  typhus 
fever,  yellow  fever,  relapsing  fever,  leprosy,  diphtheria  (diphtheritic 
croup,  membranous  croup,  putrid  sore  throat),  measles,  German 
measles,  glanders  (farcy),  chicken-pox,  mumps,  whooping-cough  or 
any  disease  declared  communicable  and  quarantinable  by  regulation 
as  hereinbefore  provided,  shall  be  permitted  to  attend  any  place  of 
amusement  or  any  church  or  any  other  public  gathering,  or  to  be  ex- 
posed on  any  public  street  or  in  any  store,  shop,  factory,  or  other 
place  of  business,  or  be  permitted  to  attend  any  public,  private,  par- 
ochial, Sunday,  or  other  school ;  and  the  teachers  of  public  schools 
and  the  principals,  superintendents,  teachers,  or  other  persons  in 
charge  of  private,  parochial.  Sunday,  or  other  similar  schools  are 
hereby  required  to  exclude  any  of  such  persons  from  said  schools ; 
such  exclusion  to  continue  until  the  case  has  recovered,  the  quaran 
tine  lifted,  and  the  premises  thoroughly  disinfected. 

Sec.  5,  Art  of  .Inly  17.  1919,  P.  L.  1010. 

2072.  No  child  or  other  person  suffering  from  scarlet  fever  (scar 
latina,  scarlet  rash)  shall  be  permitted  to  attend  any  place  of  amuse 
ment  or  any  church  or  other  public  gathering,  or  to  be  exposed  on  any 
public  street  or  in  any  store,  shop,  factory  or  other  place  of  business. 
or  be  permitted  to  attend  any  public,  private,  parochial,  Sunday,  or 
other  school ;  and  the  teachers  of  public  schools  and  the  principals, 
superintendents,  teachers,  or  other  persons  in  charge  of  private,  par- 
ochial, Sunday,  or  other  schools  are  hereby  required  to  exclude  any 
and  all  such  persons  and  children  from  said  school ;  such  exclusion 
to  continue  for  a  period  of  ten  days  following  the  removal  of  quar- 
antine and  a  thorough  disinfection  of  the  premises,  subject  to  a  cer- 
tificate of  complete  recovery  furnished  to  the  health  authorities  by 
the  attending  physician. 

Sec.  6,  A,t  of  Julj    17.  1919,   P.   L.  1010. 

2073.  No  child  or  other  person   residing  in  the  same   premise* 
with  any  person  suffering  from  anthrax,  bubonic  plague,  cerebrospin- 


470 

al  meningitis  i epidemic),  (cerebrospinal  fever,  spotted  fever),  Asi- 
atic cholera,  smallpox  (variola,  varioloid),  typhus  fever,  yellow  fever, 
scarlet  fever,  (scarlatina,  scarlet  rash),  relapsing  fever,  leprosy,  diph- 
theria (diphtheritic  croup,  membranous  croup,  putrid  sore  throat), 
measles,  German  measles,  ehickenpox,  mumps,  or  any  disease  declared 
communicable  and  quarantinable  by  regulation  as  hereinbefore  pro- 
vided, shall  be  permitted  to  attend  any  place  of  amusement  or  any 
church  or  other  public  gathering,  or  to  be  exposed,  except  by  per- 
mission of  the  health  authorities,  on  any  public  street  or  in  any  store, 
shop,  factory,  or  other  place  of  business,  or  be  permitted  to  attend 
any  public,  private,  parochial,  Sunday,  or  other  schools;  and  the 
teachers  of  public  schools  and  the  principals,  superintendents, 
teachers  or  other  persons  in  charge  of  private,  parochial,  Sunday  or 
other  similar  schools  are  hereby  required  to  exclude  any  and  all 
such  persons  from  said  schools;  such  exclusion  to  continue  until 
quarantine  is  lifted  and  the  premises  thoroughly  disinfected. 

Sec.  7.  An   of  July  17,  1919,  J".  L.  lute. 

2074.  Any  child  or  person  residing  on  the  same  premises  with  any 
person  suffering  from  anthrax,  cerebrospinal  meningitis  (epidemic), 
i  cerebrospinal  fever,  spotted  fever),  or  typhus  fever  may  be  allowed-, 
after  taking  a  disinfecting  bath  and  putting  on  disinfected  clothing, 
to  remove  from  the  said  premises  and  take  up  his  or  her  residence  on 
other  premises,  and  may,  after  such  removal,  be  admitted  into  any 
of  the  said  schools;  and  any  child  or  person  residing  on  the  same 
premises  with  any  one  suffering  from  diphtheria  (diphtheritic  croup, 
membranous  croup,  putrid  sore  throat  I  may  be  allowed,  after  taking 
a  disinfecting  bath  and  putting  on  disinfected  clothing  and  after 
antitoxin  has  heen  administered  for  immunizing  purposes,  to  re- 
move from  the  said  premises  and  take  up  his  or  her  residence  on  other 
premises  occupied  only  by  adults,  and  may,  after  live  days  from  said 
removal,  be  admitted  into  any  of  the  said  schools;  and  any  child  or 
person  residing  on  the  same  premises  with  any  child  suffering  from 
scarlet  fever  (scarlatina,  scarlet  rash),  measles,  German  measles, 
mumps,  or  chicken-pox  may  be  allowed,  after  taking  a  disinfecting 
bath  and  putting  on  disinfected  clothing,  to  remove  from  the  said 
premises  and  take  up  his  or  her  residence  on  other  premises  occupied 
only  by  aduits  or  by  children  who  are  immune  to  the  disease  (scarlet 
fever,  scarlatina,  scarlet  rash,  measles,  German  measles,  mrmp:-;.  or 
chicken-pox  i  existing  on  the  said  premises  from  which  the  said  child 
or  person  has  removed — such  immunity  being  shown  by  the  official 
health  records, — and  may,  fourteen  days  after  such  removal,  he  ad- 
mitted to  any  of  the  said  schools:  Provided,  That  if  the  child  or  per- 
son residing  on  the  same  premises  with  any  person  suffering  from  any 


171 

of  the  said  diseases  iscarlct  fever,  scarlatina,  scarlet  rash,  measles, 
German  measles,  mumps,  or  chicken-pox),  and  removing  therefrom 
as  alx>vr  provided,  is  himself  <>r  herself  immune  from  the  disease  <-\ 
isting  on  the  said  premises  by  virtue  of  a  former  attack,  this  fact  be 
ing  shown  by  the  official  health  records  or  by  other  evidence  satis- 
factory to  the  health  authorities,  such  immune  child  or  person  may, 
on  the  day  following  such  removal,  be  admitted  to  any  of  the  said 
schools;  and  any  child  or  person  residing  on  the  same  premises  with 
any  person  suffering  from  relapsing  fever  may  lie  allowed,  after  tak- 
ing a  disinfecting  bath  and  petting  on  disinfected  clothing,  to  remove 
from  the  said  premises  and  take  up  his  or  her  residence. on  other 
premises,  and  may.  alter  ten  days  from,  such  removal,  be  admitted  to 
any  of  the  said  schools.  In  the  case  of  children  or  persons  residing 
on  the  same  premises  with  any  child  or  person  suffering  from  any 
disease  declared  communicable  and  quarantinable  as  hereinbefore 
provided.  The  Department  of  Health,  by  general  regulation,  shall 
determine  the  conditions  upon  which  said  child  or  person  may  take 
up  his  residence  upon  other  premises  or  be  admit  led  to  school. 

Sec.  8,  Act  of  July  17,  1919,  P.  L.  1010. 

2075.  That  every  teacher,  principal,  superintendent,  or  other  per- 
son or  persons  in  charge  of  any  public,  .private,  parochial,  Sunday, 
or  other  school  having  in  any  such  school  any  child  or  person  show- 
ing an  unusual  rash  or  skin  eruption,  or  complaining  of  soreness  in 
the  throat,  or  having  symptoms  of  whooping  cough,  or  any  disease  of 
the  eye,  shall  immediately  exclude  such  child  or  other  person  from 
the  schools  pending  the  action  of  the  health  authorities,  and  shall  re 
port  such  fact  to  the  health  authorities,  and  shall  report  such  fact 
to  the  health  officer  of  the  city,  borough,  or  township,  giving  the  name 
and  residence  of  such  child  or  other  person. 

Sec.  !).   Acl   of  .Inly  17.  1019,  I'.  L.  1010. 

207(5.  No  child  or  other  person  excluded  from  any  school  by  the 
provisions  of  this  act  shall  be  readmitted  thereto,  unless  he  or' she 
or  some  person  on  his  or  her  behalf  shall  furnish  to  the  principal, 
superintendent,  or  teacher,  or  other  person  in  charge  of  said  school, 
a  certificate  setting  forth  that  the  conditions  for  such  readmission 
prescribed  by  this  act  have  been  complied  with:  which  certificate 
shall  be  signed  by  a  person  to  be  designated  for  thai  purpose,  in 
cities,  boroughs,  and  townships  of  the  first  class,  by  the  health 
authorities  thereof  exclusively,  and  in  townships  of  the  second  class, 
and  cities,  boroughs,  and  townships  of  the  first  class  not  having 
boards  of  health  or  bodies  acting  as  such,  by  the  State  Department 
of  Health  :  and  the  registry  of  all  public,  private,  parochial,  Sunday, 
and  other  schools  shall  exhibit  the  names  ami  residences  of  all  chil- 


472 

dren  and  persons  excluded  therefrom  or  readmitted  thereto  agreeably 
to  the  provisions  of  this  or  any  other  act  of  Assembly;  and  said 
register  shall  be  open  at  all  times  to  the  inspection  of  the  city, 
borough,  or  township  authorities,  and  the  State  Department  of  Health 
and  their  respective  officers  and  agents. 

Sec  10,  Act  of  July  17,  1919,  P.  L.  1010. 

2077.  Blanks  whereon  to  make  the  reports  and  certificates  re- 
quired by  this  act  shall  be  supplied,  in  cities,  boroughs,  and  town- 
ships of  the  first  class,  by  the  health  authorities  thereof,  respectively ; 
and  in  tpwnships  of  the  second  class,  and  in  cities,  boroughs,  and 
townships  of  the  first  class  not  having  boards  of  health  or  bodies 
acting  as  such,  by  the  State  Department  of  Health. 

Sec.  11,   Art   of  July  17,  1919,  P.  L.  1010. 

2078.  It  shall  be  the  duty  of  the  health  authorities  of  cities, 
boroughs,  and  townships  of  the  first  class,  respectively,  to  furnish 
daily,  by  mail  or  otherwise,  to  principals,  superintendents,  teachers, 
and  other  persons  in  charge  of  public,  private,  parochial,  Sunday, 
and  other  schools,  a  printed  or  written  bulletin,  containing  the  name. 
location,  and  disease  of  all  persons  suffering  from  any  of  the  dis- 
eases comprehended  by  sections  five  and  six  of  this  act,  upon  receipt 
by  them  of  reports  of  such  cases  from  physicians  as  required  by  sec- 
tion one  of  this  act;  and  such  bulletin  shall  be  daily  furnished  to 
such  persons  in  charge  of  such  schools  in  townships  of  the  second 
class,  and  in  cities,  boroughs,  and  townships  of  the  first  class  not 
having  boards  of  health  or  bodies  acting  as  such,  by  the  health  officer 
for  the  State  Department  of  Health. 

Sec.  12,  Act  of  July  17.  1919,  P.  L.  1010. 

2079.  Upon  the  removal  to  a  hospital  or  other  place,  or  upon  the 
discharge  by  the  recovery  or  death,  of  any  person  or  persons  who  has 
or  have  suffered  from  tuberculosis  or  any  of  the  diseases  compre 
hended  by  section  two  of  this  act,  all  premises  which  have  been  oc- 
cupied by  the  said  person  or  persons  while  suffering  from  any  of  the 
said  diseases  shall  be  disinfected  or  destroyed,  at  such  time  and  in 
such  manner  as  may  be  authorized  and  required  by  the  health  au- 
thorities. 

Sec.  13,  Act  of  July  17,  1919,  P.  L.  1010. 

2080.  No  person  suffering  from  any  of  the  diseases  comprehended 
by  section  two  of  this  act,  nor  anyone  who  has  charge  of  the  persons 
so  suffering,  shall  enter  any  hired  vehicle  or  other  public  conveyance, 
or  permit  anyone  in  his  or  her  charge  who  is  suffering  therefrom  to 
enter  such  vehicle,  without  previously  securing  the  consent  of  health 


17:. 

authorities  ami  notifying  the  owner  or  driver  thereof  thru  he  or  she 
or  the  person  in  his  or  her  charge  is  so  suffering;  and  the  owner  or 
driver  of  such  vehicle  shall  immediately  provide  for  the  disinfection 
of  such  conveyance,  under  the  direction  of  the  health  authorities, 
after  it  lias,  with  the  knowledge  of  such  owner  or  driver,  conveyed 
any  such  sull'erer. 

See.    11.   Acl    f»£  July    IT.    1919,   I'.    !-.    1010. 

2081.  No  person  suffering  from  anthrax,  bubonic  plague,  cerebro- 
spinal meningitis   (epidemic),    (cerebrospinal  fever,  sported  fever), 

chicken-pox,  Asiatic  cholera,  diphtheria,  (diphtheritic  croup,  mem 
branous  croup,  putrid  sore  throat),  measles.  German  measles,  glan- 
ders (farcy),  mumps,  scarlet  fever  (scarlatina,  scarlet  rash),  small- 
pox (variola,  varioloid),  typhus  fever,  typhoid  fever,  yellow  fever, 
whooping-cough,  or  any  disease  declared  communicable  and  quaran- 
tinable  by  regulation  as  hereinbefore  provided,  shall  willfully  expose 
himself  or  herself  in  any  street  or  public  place  or  public  conveyance, 
nor  shall  any  person  in  charge  of  anyone  so  suffering  thus  expofse 
the  sufferer. 

Sec.   15,  Acl  of  July  IT.  1919,   P.  L.  1010. 

2082.  No  person,  without  previous  disinfection,  shall  give,  lend, 
sell,  transmit,  or  expose  any  bedding,  clothing,  rags,  or  other  articles, 
which  have  been  exposed  to  infection  from  any  of  the  diseases  com- 
prehended by  section  one  of  this  act:  Provided,  That  such  restric- 
tion shall  not  apply  to  the  transmission  of  articles  with  proper  pre- 
caution for  the  purpose  of  having  the  same  disinfected. 

Sec.  16,  Acl  of  July  IT.  1910.  P.  L.  1010. 

2083.  No  person  shall  let  any  room,  house,  or  part  of  a  house,  in 
which  there  has  been  a  person  suffering  from  tuberculosis  or  any  of 
the  diseases  comprehended  by  section  two  of  this  act,  without  having 
such  room,  house,  or  part  of  a  house,  and  all  articles  therein,  pre 
viously  disinfected  to  the  satisfaction  of  the  health  authorities.  The 
keeping  of  a  hotel,  boarding-house,  or  apartment  house  shall  be  deemed 
as  letting  a  part  of  a  house  to  any  person  who  shall  be  admitted  as 
a  guest  into  such  hotel,  boarding-house,  or  apartment-house. 

Sec.  IT.  A<-t  of  July  IT.   1910.   1'.   1,.  1010. 

2084.  The  health  authorities  of  the  several  townships,  boroughs, 
and  cities  of  this  Commonwealth  may.  and  They  are  hereby  author- 
ized and  empowered  to.  establish  additional  rules  and  regulations 
regarding  the  isolation  and  quarantine  of  persons  who  may  be  suf- 
fering from  any  of  the  diseases  comprehended  by  section  one  of  this 
act,  and  for  the  destruction,  disinfection,  and  fumigation  of  bedding. 


474 

clothing,  or  other  infected  articles,  and  for  the  disinfection  and  fumi- 
gation of  houses  and  premises,  and  for  the  carrying  out  of  the  pro- 
visions of  this  act,  as  they  may  in  good  faith  declare  the  public  safety 
and  health  demand ;  which  rules  and  regulations  they  may,  from 
time  to  time,  alter  or  amend,  but  in  no  instance  shall  such  rules 
abridge  in  any  way  the  provisions  of  this  act  or  the  regulations  of  the 
State  Department  of  Health. 

Sec.  18,  Acl   of  July  17,  1919,  P.  L.  1010. 

Under  the  Act  of  June  18,  1895,  P.  L.  203,  it  was  decided  that  a  family 
quarantined  by  a  board  of  health  on  account  of  disease,  and  for  that  reason 
without  the  means  of  obtaining  a  livelihood,  must  be  supported  by  the  board 
of  Health  and  not  by  the  poor  district :    Beaver  County  Commissioners,  Uf  D. 

r.  491: 

2085.  In  the  preparation  for  burial  of  the  body  of  any  person  who 
has  died  of  Asiatic  cholera,  glanders  (farcy),  bubonic  plague,  small- 
pox (variola,  varioloid),  yellow  fever,  typhus  fever,  scarlet  fever 
(scarlatina,  scarlet  rash),  relapsing  fever,  cerebrospinal  meningitis 
(epidemic),  (cerebrospinal  fever,  spotted  fever),  diphtheria  (diph- 
theritic croup,  membranous  croup,  putrid  sore  throat),  tetanus  or 
leprosy,  it  shall  be  the  duty  of  the  undertaker  or  person  acting  as 
such  to  thoroughly  disinfect  and  place  such  body  within  the  coffin 
or  casket  in  which  it  is  to  be  buried,  within  six  hours  after  being 
first  called  upon  to  take  charge  of  the  same,  provided  said  call  is 
made  between  the  hours  of  five  ante  meridian  and  eleven  post  meri- 
dian ;  otherwise  such  body  shall  be  placed  in  such  coffin  or  casket 
within  twelve  hours ;  the  coffin  or  casket  then  to  be  closed  tightly, 
and  not  again  opened  unless  permission  be  granted  by  the  health 
authorities  for  special  and  satisfactory  cause  shown. 

Sec.  19,  Act  of  July  17,  1919,  P.  L.  1010. 

2086.  The  body  of  a  person  who  has  died  of  any  of  the  diseases 
mentioned  in  section  nineteen  of  this  act  shall  not  remain  unburied 
for  a  longer  period  of  time  than  thirty-six  hours  after  death,  unless 
special  permission  be  granted  by  the  health  authorities  extending 
the  time  during  which  said  body  shall  remain  unburied  for  special 
and  satisfactory  cause  shown.  The  undertaker  or  person  acting  :'.s 
such  shall  be  responsible  for  any  violation  of  the  provisions  of  this, 
section. 

Sec.  20,  Act  of  July  17.  1919.  P.  L.  1010. 

2087.  All  services  held  in  connection  with  the  funeral  of  the  body 
of  a  person  who  has  died  of  any  of  the  diseases  mentioned  in  section 
nineteen  of  this  act  shall  be  private,  and  the  attendance  thereat  shall 
include  only  the  immediate  adult  relatives  of  the  deceased  who  may 


47r, 

not  at  the  lime  be  under  absolute  quarantine  restrictions  and  the 
necessary  number  of  adult  pall-bearers,  and  any  advertisement  of 
such  funeral  shall  state  the  cause  of  death. 

Sec.  21,  Acl  of  J11I3  17,  1919,  P.  L.  1010. 

2088.  The  body  of  a  person  who  has  died  of  any  of  the  diseases 
mentioned  in  section  nineteen  of  this  act  shall,  in  no  instance,  be 
taken  into  any  church,  chapel,  public  hall,  or  public  building,  for  the 
holding  of  funeral  services.  The  undertaker  or  person  acting  as  such 
and  the  sexton,  janitor,  or  other  person  having  control  of  such 
church,  chapel,  public  hall,  or  public  building,  shall  be  responsible 
for  any  violation  of  the  provisions  of  this  section. 

Sec.  22,  Act  of  July  17,  1919,  P.  L.  1010. 

2089.  No  undertaker  or  person  acting-  as  such  at  the  funeral  or 
burial  of  the  body  of  a  person  who  has  died  of  any  of  the  diseases 
mentioned  in  section  nineteen  of  this  act,  shall  furnish  or  provide 
for  such  funeral  or  burial  more  than  the  necessary  number  of  con- 
veyances for  such  adult  relatives  as  are  mentioned  in  section  twenty- 
two  of  this  act  and  pall-bearers;  and  all  such  conveyances  shall  be 
fumigated  and  disinfected,  at  such  time  and  in  such  manner  as  may 
be  directed  and  required  by  the  health  authorities. 

Sec.  23,  Act  of  July  17,  1919,  P.  L.  1010. 

2090.  The  body  of  a  person  who  has  died  of  any  of  the  diseases 
mentioned  in  section  nineteen  of  this  act  shall  not  be  conveyed  from 
any  dwelling  or  other  building  or  place  to  any  cemetery  or  other 
point  or  place,  except  in  a  hearse  or  other  vehicle  used  for  the  pur 
pose  of  conveying  corpses  only,  or  in  such  vehicles  as  shall  be  satis- 
factory to  the  health  authorities,  and  under  such  regulations  as  they 
may  in  any  case  adopt.  The  undertaker  or  person  acting  as  such 
having  charge  of  the  funeral  or  transportation  of  such  body  shall 
be  responsible  for  any  violation  of  the  provisions  of  tin's  section 

Sec.  24,  Art  of  July  17,  1919.  P.  L.  1010. 

2091.  The  health  authorities  of  the  several  cities,  boroughs,  and 
townships  of  the  first  class  shall,  at  the  end  of  each  week  and  for  tic 
fraction  of  each  week  occurring  at  the  end  of  each  month,  report  to 
the  State  Department  of  Health,  upon  blanks  supplied  for  that  pur 
pose,  a  list  of  all  cases  of  communicable  diseases  comprehended  by 
section  one  of  this  act  which  have  been  reported  to  them  during 
said  period:  which  report  shall  contain  the  name  of  each  person 
suffering  therefrom,  respectively,  and  his  or  her  age.  sex.  color,  and 
nativity,  together  with  the  name  of  the  disease,  and  the  date  of  the 
onset  thereof;  and.  in  the  event  of  no  reports  of  any  of  said  diseases 
having  been  received  by  the  aforesaid  health  authorities,  respectively. 


47b' 

during  any  said  period,  that  fact  shall  be  reported  to  the  State  de- 
partment of  Health. 

Sec.  25,  Act  of  July  17.  1910,  P.  L.  1010. 

2092.  Any  person  who  shall  remove,  deface,  cover  up,  or  destroy, 
or  cause  to  be  removed,  defaced,  covered  up,  or  destroyed,  any  pla- 
card relating  to  any  of  the  diseases  comprehended  by  section  two  of 
this  act,  shall  for  every  such  offense,  upon  conviction  thereof  in  a 
summary  proceeding  before  any  magistrate  or  justice  of  the  peace  of 
the  county  wherein  such  offense  was  committed,  be  sentenced  to  pay 
a  tine  of  not  less  than  ten  ($10)  dollars  or  more  than  one  hundred 
($100)  dollars,  to  be  paid  to  the  use  of  said  county,  and  costs  of 
prosecution,  or  to  be  imprisoned  in  the  county  jail  for  a  period  of  not 
less  than  ten  days  or  more  than  thirty  days,  or  both,  at  the  discre- 
tion of  the  court.  Any  person,  other  than  the  attending  physician 
or  trained  nurse,  who  shall  enter  or  leave  any  quarantined  premises 
without  having  secured  permission  from  the  health  authorities ;  or 
who  shall  violate  any  of  the  quarantine  restrictions  imposed  by  this 
act  or  by  the  rules  and  regulations  of  the  health  authorities  of  any 
city,  borqugh,  or  township  of  the  first  class  or  the  rules  and  regula- 
tions of  the  State  Department  of  Health ;  or  who  shall  interfere  with 
a  health  officer  or  any  other  duly  qualified  agent  of  the  State  De- 
partment of  Health  or  any  local  board  or  department  of  health  in  the 
discharge  of  his  official  duties  in  the  placarding,  quarantining,  dis 
infecting,  or  releasing  from  quarantine  of  any  premises  or  in  the 
investigation  of  any  alleged  case  "of  quarantinable  disease, — shall 
for  every  such  offense,  upon  conviction  thereof  in  a  summary  proceed- 
ing before  any  magistrate  or  justice  of  the  peace  of  the  county  wherein 
said  offense  was  committed,  be  sentenced  to  pay  a  fine  of  not  less  than 
fifty  ($50)  dollars  or  more  than  one  hundred  ($100)  dollars,  to  be 
paid  to  the  use  of  the  said  county,  and  costs  of  prosecution  or  to  be 
imprisoned  in  the  county  jail  for  a  period  of  not  less  than  ten  or  more 
than  thirty  days,  or  both,  at  the  discretion  of  the  court. 

Any  physician,  undertaker,  teacher  of  a  public  school,  principal 
of  a  school,  superintendent  of  a  Sunday  school,  sexton,  janitor,  parent 
or  guardian,  or  any  other  person  or  persons  who  shall  fail,  neglect, 
or  refuse  to  comply  with,  or  who  shall  violate,  any  of  the  provisions 
of  this  act, — shall  for  every  such  offense,  upon  conviction  thereof  in  a 
summary  proceeding  before  any  magistrate  or  justice  of  the  peace  of 
the  county  wherein  said  offense  was  committed,  be  sentenced  to  pay 
a  fine  of  not  less  than  twenty  ($20)  dollars  or  more  than  one  hundred 
($100)  dollars,  to  be  paid  to  the  use  of  said  county,  and  costs  of 
prosecution,  or  to  be  imprisoned  in  the  county  jail  for  a  period  of 
aot  lew  than  ton  or  more  than  thirty  days,  or  both,  at  the  diacretion 
of  the  court. 

Sec.  26,  Act  of  July  17,  1919.  P.  L.  1010. 


477 
(c)  MAINTENANCE  OF  QUARANTINED  PERSONS. 

L'093.  If  any  person  shali  come  oul  of  any  city,  borough,  township, 
or  district,  in  this  Commonwealth,  into  any  other  city,  borough,  town 
ship,  or  district,  and  shall  happen  to  fall  sick  of  any  contagious  or 
nfectious  disease  before  he  shall  have  gained  a  settlement  therein, 
the  bureau  of  health,  board  of  health,  or  board  of  school  directors  of 
such  city,  borough,  or  township,  or  district,  shall,  as  soon  as  conven- 
iently may  be,  give  notice  to  the  bureau  of  health,  board  of  health, 
or  board  of  school  directors  of  the  city,  borough,  township,  or  dis 
triet.  as  the  case  may  be,  where  such  sick  person  had  last  gained  a 
settlement,  or  to  one  of  them,  the  name,  circumstance,  and  condition 
of  such  sick  person;  and  if  the  bureau  of  health,  board  of  health,  or 
board  of  school  directors,  to  whom  such  notice  shall  be  given,  shall 
neglect  or  refuse  to  repay  the  moneys  necessarily  expended  for  the 
use  of  suoh  sick  person  and  to  take  charge  of  relieving  and  main- 
taining him,  or  shali.  on  request  made,  refuse  or  neglect  to  pay  the 
money  expended  in  maintaining  such  sick  person,  in  every  such  case 
it  shall  be  the  duty  of  the  court  of  quarter  sessions  of  the  county 
where  such  sick  person  was  last  settled,  upon  complaint  to  them 
made,  to  compel  the  payment  by  such  bureau  of  health  or  board  of 
school  directors  or  board  of  health  of  all  such  sums  of  money  as 
were  necessarily  expended  for  such  purposes,  in  the  manner  directed 
by  lawT  in  the  case  of  a  judgment  obtained  against  overseers  of  poor: 
Provided,  That  in  all  cases  the  court  of  quarter  sessions  of  the  proper 
county  shall  have  the  right  and  authority  to  supervise,  correct,  and 
amend,  or  allow,  the  charges  or  expenses  received,  or  any  items  there- 
of. 

Sec.  1,  Act  ai  May  1,  1909,  P.  L.  307. 

2094.  All  persons  falling  sick  of  any  contagious  or  infectious  di- 
sease, excepting  those  entitled  to  relief  under  the  existing  poor-laws, 
shall  bear  and  pay  all  expenses  incident  to  such  sickness,  except  ex- 
pense of  quarantine;  and  in  case  any  bureau  of  health,  board  of 
health,  or  board  of  school  directors  have  made  payment,  under  sec- 
tion one  of  this  act.  (hen  they  shall  recover  any  money  so  expended, 
in  the  same  manner  as  debts  of  like  amount  are  now  by  law  collected: 
Provided,  The  expense  of  the  care  and  maintenance  of  the  poor  per- 
son, sick  with  a  contagious  or  infectious  disease,  shall  be  paid  out  of 
the  funds  at  the  disposal  of  said  bureaus  of  health,  board  of  health, 
or  board  of  school  directors. 

Sec.  2,  Ad  of  May  1,  1909,  I'.  L.  307. 

« 

2095.  A  settlement  may  be  gained  in  any  district  as  follows: — 

1.    By  any  person  who  shall  come  to  inhabit  in  the  same,  and  who 


ITS 

shall,  for  hlmsoll  ;imi  en  ins  ,.w  u  account,  execute  au\   public  office 
\  plat  .\i  therein  during  I'ur  w  in'  <■  \ oar 

!'■*         \  w  ho  shall  ho  charged   Willi  and   y.w    the  i>n>por 

Mou  of  .m\  publii  taxes  «>:  i>  or  one  year, 

\\     i'\  .1  .   i  \  .mi  who  shall  bona  llde  take  :i  lease  of  inn  real  ee 

.-  of  the  ye "  !.v  value  of  ton  dollars,  and  shall  dwell  upon  the  same 
one  whole  %>  nd  pa\  the  sa Id  rent 

i      iy\   ,in\   |>.  w         hall  become  sei  «'>l  >>t  an\   freehold  rotate 

v\        i  such  district,  and  wh»«  shall  dwell  upon   the  same  for  one 
w  hole  year, 

R%>        \   anmarried  person,  no1   having  w  child,  who  shall  be 
lawfully  hound  or  hired  as  r  servant  within  such  dis  and  shall 

il Inuo  m  such  v  >ne  v\ hole  \ oar. 

SiulHl      river)    married  woman  shall  be  deemed,  durinj     o\ 
and  after  her  husband's  death,  to  bo  settled  In  the  place  where  he 
last  settled;  but,  If  ho  shall  have  no  Known  settlement,  then  sho 
shall  bo  deemed,  whether  ho  be  li>         >r  dead,  to  be  settled  in  the 
.  wl  c  e  she  was   ast  settled  before  her  mai 

1  u>  ."UumIum- 
&\\    •.      .  Nvn  KC^lltml,  Hw  wito  will  Iv 

i  d»o  h 

i'\>-\   illegitimate  minor  child  shall  be  deemed  to  be  set 
the  place  where  the  mother  was  lejj     j  settled  at  the  time  of  the 
i  of  such  child 

Id)     BONK  BOILIXti      -  SHMK NTS,  DEPOSITORIES 

OF  Dl    VP    WMU1S 

S,    V\  i  the  i' 

lislunonis  ami  vlop  nunals  max   ho  established  and 

o»l  in  i his  Commonwealth  under  the  follow  ing  conditions,  to 

w        That  w  liments  K>ne  b  or  ^-^-  \   of  dead 

Is  shall  continue  to  Ue  illbeei  ited 

within  I  ommonwealth,  unless  the 

permit         -t'  the  I  Ith  of  -  shall  l 

been  ,•■  the  said  establishment  shall  !  ducted  \\\ 

»   (h  the  regulations  p  the  said  board  of  health: 

'.  fuvt'  se  .i  bone  hoilii  ablishment  or  depot  of 


L79 

dottd    .iiiiiii.i  I-.   c\i    In,   or    is    creeled    ;iml    conducted    in    :i    lounship    in 

,iu\  countj  oi  this  '  'itiiiiiioiiw oult ii,  the  same  Bhall  bo  conducted  un 
dor  the  supervision  .mil  subject  to  the  regulations  pre  crlbed  bj   the 
Htute  Board  oi  Health.    Ami  evorj  person  olTend  n^   •■•  dm  I  the  pro 
\i  lens  til'  this  .1.1,     h.iii   for  evorj   such  ofl'onse,  and  each   month's 
continuance  of  the  suine  after  notice,  forfeit  and  puj  to  the  board  of 
health  it  In  ;i  cltj  or  borough,  or  i<»  the  school  board  of  the  district 

or  township  if  in  :i  township,  the  i -i '  lii'i  j  dollars,  to  be  recovered 

;is  debts  of  iluii  amount  are  roe  iverable,  and  also  be  liable  i«>  Indict 
nii'iii  at  common  law  foi  creating  and  maintaining  :i  nuisance. 

Soc,  i.   \.  i  ol  Mnj   10    1807,  P    L,  77. 

\     1)0110     I  "  • .  1 1 1 1 1  •     I  <  1 .  1 1 1 1      ill     |1     I  1 1 1  1 1 1  \      I  ■■  •  I  ■  1 1 1 . 1 1  -  .  I     ill    III. III.      ..ill     knr      ol       I 

.  H  \    w  in  i .     ilmilii ii  U'li      luivi    I""     boon  ■   i  ublii  hod  oj undoi    n 

IIcoiino  ol   iii.    i... nil  oi   lioullli,  i     ii. 'i   ii   in.,    although  it  muj  cnuao  In 

convoiiionco   (.>   i > < •  i •    ii     pi              hi    Mi.  neighborhood:     Shetellne  et   ah    v, 
(9  D,  R    W 

(e)     RUBBISH   am*  WASTK  M  vrr.KlAi.s 


2000,  From  and  after  the  passage  of  this  act,  11  Bhall  be  unlawful, 
and  Is  hereby  forbidden,  for  anj  person  or  persons  (<>  throw  waste 
paper,  sweepings,  ashes,  household  waste,  nails  or  rubbish  of  any  kind 
into  ;m\  street,  In  anj  city,  borough,  or  township  In  this  Common 
wealth,  or  to  Interfere  with,  scatter  or  disturb  the  contents,  of  anj 
mi  Mir  or  receptacles  containing  ashes,  garbage,  household  waste, 
or  rubbish,  which  shall  be  placed  upon  any  of  said  paved  streets  or 
sidewalks  for  Hi<'  collection  of  the  contents  thereof,     A.ny  person  o, 

persons  who  Bhall   violate  :m\    of  (lie   prov isions  of   bhis  :iel    sliall.  up 

on  conviction  thereof  before  anj  magistrate,  be  sentenced  to  pay  Mm* 
eosi  of  prosecution,  and  to  forfeit  and  pay  u  fine  not  exceeding  ten 
(|I0)  dollars,  for  each  and  every  Buch  offense,  and  In  default  of  the 
payment  thereof,  slull  be  committed,  and  imprisoned  in  the  county 

j;iil   of  III*'  proper  eounly   for  ;i   period   nol   exceeding  l<'n  d.iys. 
I,  AtM  ol    \pni  20,   I!'".-.  P    i 

( i )     Spitting  in  Public  Places, 
2100,     From  and  after  the  passage  of  this  act,  ii  shall  be  unlawful 

for  :m\    person    lo  spil    on  ;iny    public   Walk,   puMie    wharf  or   l:indi 

or  on  the  floor,  platform,  Btairway,  or  elevator,  or  covering  used 
thereon,  of  anj  railroad  or  railway  station,  or  other  building  i<> 
which  the  puibllc  has  access ;  or  on  the  floor  or  platform  or  ptops,  or 

:in\    Covering   used    (hereon,   of  any    r:iilro;id    or   r;nlw*:iv    e:ir,   or  oilier 

vehicle,  conveyance,  or  common  carrier  used  for  the  transportation 
of  i  he  public. 

Sec    1.   A.I    of   M;i.\    1  I.    1000,   P     L.  518. 


480 

2101.  It  shall  be  the  duty  of  owners  of  all  such  buildings,  ears, 
or  other  vehicles,  conveyances,  or  common  carriers,  used  for  trans- 
portation of  the  public  in  this  Commonwealth,  or  the  officers  in  con- 
trol thereof,  to  post  and  keep  posted,  in  prominent  places,  conspicu- 
ously lettered  signs  warning-  the  public  against  violating  the  pro- 
visions of  this  act,  and  calling  attention  to  the  penalty  for  such  vio- 
lation. Where  spitting  receptacles  are  provided  for  the  convenience 
of  the  public,  in  buildings,  and  cars  and  other  vehicles,  that  are  open 
and  in  use  daily  by  the  public,  such  receptacles  shall  be  cleansed  and 
disinfected  daily ;  and  in  buildings,  cars,  and  other  vehicles,  that  are 
not  open  or  used  daily,  the  said  receptacles  shall  be  cleansed  and  dis- 
infected immediately  after  each  day  that  such  buildings,  cars,  and 
other  vehicles  are  used  by  the  public. 

Sec.  2.  Ad  of  May  11,  1909,  P.  L.  516. 

2102.  Any  person  violating  the  provisions  of  section  one  of  this 
act,  shall,  upon  conviction  thereof  in  a  summary  proceeding  before 
a  justice  of  the  peace,  alderman,  or  magistrate  of  the  county  wherein 
such  offense  is  committed  be  sentenced  to  pay  a  fine  of  one  dollar 
and  costs ;  such  fine  to  be  paid  into  the  treasury  of  the  municipality 
in  which  the  violation  is  committed ;  or,  if  committed  upon  a  train 
or  car,  into  the  treasury  of  the  municipality  or  township  in  which  the 
offender  is  tried  and  convicted.  In  default  of  payment  of  such  fine 
and  costs,  the  offender  shall  be  sentenced  to  be  confined  in  the  proper 
county  jail  for  a  period  of  not  less  than  one  day,  nor  more  than  five 
days. 

Sec.  :'..  Act  of  May  11.  1909,  P.  L.  51(1. 

2103.  Any  person  or  persons,  firm  or  corporation,  violating  the 
provisions  of  section  two  of  this  act,  shall,  upon  conviction  thereof 
in  a  summary  proceeding  before  a  justice  of  the  peace,  alderman,  or 
magistrate  of  the  county  wherein  such  offense  is  committed,  be  sub- 
ject to  a  fine  of  not  less  than  five  dollars,  nor  more  than  fifty  dollars. 

Sop.  4.   Ad   of  May  11,  1909.  P.  L.  516. 

2104.  Any  constable,  or  other  person  authorized  by  law  to  make 
arrests,  is  hereby  empowered  to  arrest  persons  violating  the  pro- 
visions of  section  one  of  this  act  on  trains  or  cars  in  motion  or  in 
transit,  and  to  take  such  offenders  before  the  nearest  justice  of  the 
peace,  alderman,  or  magistrate,  either  at  the  place  where  the  offense 
is  committed  or  at  the  next  regular  stopping  place  of  the  train  or 
car;  and  such  justices  of  the  peace,  aldermen,  and  magistrates  are 
hereby  given  jurisdiction  in  such  cases. 

Sec.  5,  Act  of  May  11,  1909,  P.  L.  516. 


481 
CHAPTER  XLVI. 

LICENSES  AND  LICENSES  FEES. 

For  other  provisions  relating  to   this  subject  see  sections   1260   to   1281, 

inclusive. 

2105.  Whenever,  hereafter,  any  dispute  shall  arise  between  any 
township,  city,  borough,  or  other  municipal  corporation  of  this  State, 
having  authority  under  the  law  to  charge  a  license  fee  against  any 
telegraph,  telephone,  Light,  power,  street  passenger  railway,  motor 
traction,  gas  or  water  company,  occupying  the  highways  of  such  mu- 
nicipality with  its  poles,  wires,  conduits,  or  cables,  as  to  whether  or 
not  the  amount  of  license  fee,  named  in  any  ordinance  of  said  munici- 
pal corporation,  for  the  inspection  and  regulation  of  the  said  poles, 
wires,  conduits,  or  cables,  under  its  police  power,  is  or  is  not  reason 
able,  eitker  party  may  apply,  by  petition,  to  the  court  of  Common 
pleas  of  the  county  where  said  municipal  corporation  is  situated,  to 
determine  the  said  dispute.  Upon  the  tiling  of  said  petition,  setting 
forth  the  nature  and  character  of  the  dispute,  and  the  facts  bearing 
upon  the  question  thus  raised,  the  said  court  shall  issue  a  citation  to 
the  respondent,  commanding  it  to  appear  and  answer  the  said  peti- 
tion at  a  time  named,  and  to  abide  by  and  obey  the  order  of  the  court. 
Said  citation  and  a  copy  of  said  petition  shall  be  served  upon  the 
respondent,  not  less  than  fifteen  days  before  the  time  fixed  for  an- 
swering. To  said  petition  the  respondent  shall  make  answer  within 
the  time  fixed,  or  such  extension  thereof  as  the  court  shall  allow, 
specifically  answering  the  facts  set  forth  in  said  petition,  and  averr- 
ing such  other  or  further  facts  as  it  shall  deem  necessary  for  the 
propei- determination  of  the  said  dispute.  At  any  time  after  the  return 
day  fixed  in  the  said  citation,  the  said  court  shall,  upon  application 
id'  either  party,  fix  ;i  date  for  the  hearing  of  the  issue  raised  by  said 
petition  and  answer;  and  thereupon  shall  take  the  evidence  and  de- 
cide the  said  dispute  in  the  way  ami  manner  provided  by  law  for  Hie 
hearing  of  cases  in  equity. 

Sec.  1.  Act  of  April  17.  1905,  P.  L.  183,  as  amended  by  St--.  1.  Art  <.r 
July  26,  191.°..  T\  L.  1371. 

A  municipal  tax  on  telegraph,  telephone  and  other  poles  cannot  be  im- 
posed t'm-  revenue  purposes,  tun  only  in  the  exercise  of  police  power  to  re- 
imburse the  municipality  ten-  the  reasonable  <•.  si  of  inspection  and  there  can 
be  no  recovery  <>t'  such  tax  tor  a  period  in  the  past  during  which;  there  was 
no  inspection  by  tin-  municipality.  Marietta  Borough  v.  The  Columbia  Tele- 
phoiu   Company  (No.  3),  37  Lane.  I..  A'.  255. 

The  fact  that  the  electric  street  railway  companies  are  not  included  within 
the  provisions  of  this  act  does  not   make  it  unconstitutional  as  special  legisla- 

31 


4S2 

tion;  such  companies  are  by  the  constitution  itself  placed  in  ;i  separate  class: 

West  Chester  v.  Postal  Telegraph-Cable  Co.,  227  Pa.  884,  affirming  38  Super. 
Ct.  603,  affirming  18  D.  R.  101. 

This  act  does  not  violate  the  provisions  of  the  constitution  relating  to  the 
title  of  statutes ;  nor  is  it  in  conflict  with  the  constitutional  guarantee  of  the 
right  of  trial  by  jury;  nor  dots  it  del?  ;te  legislative  power  to  the  courts: 
Pittsburgh  '&  Allegheny  Telephone  Co.  v.  Braddock  Borough,  43  Super.  Ct. 
',56.  affirming  56  P.  L.  J.  372. 

Where  there  is  an  agreement  between  the  borough  and  a  telephone  company 
fixing  the  amount  of  the  license  taS  the  reasonableness  of  the  license  fee  is 
not  a  question  for  determination  by  the  court:  Cochranton  Borough  v. 
Cochranton  Telephone  Company,  J/1  Super.  Ct.  llfi. 

A  public  service  corp<  ration  is  not  bound  by  the  provisions  of  an  invalid 
ordinance  which  fixes  the  license  fees,  even  though  the  ordinance  has  been 
formally  accepted  by  the  company :  'Norwood  Borough  v.  Keystone  Tel.  Co. 
64  Super.  Ct.  261.,  affirming  13  Del.  181;  6  Lehigh  262,  7  M.  L.  7? .  182,  29 
York  46. 

The  procedure  under  this  act  applies  to  license  fees  imposed  under  the 
police  powers  of  the  municipality,  and  not  to  the  license  tax  authorized  by 
Clause  4,  Sec.  3,  of  Art.  5  of  the  Act  of  1889,  P.  L.  277 :  Postal  Telegraph- 
Cable  Co.  r.  Altoona,  58  Super.  Ct.  ,'',. 

Under  this  act  the  court  of  common  pleas  has  no  jurisdiction  to  determine 
a  dispute  as  to  the  amount  that  should  be  allowed  as  rent  for  the  use  of  a 
county  bridge  in  stringing  wires  over  it  by  a  telephone  company  :  Petition 
of  Telephone  Co.  63  P.  L.  J.  J,01. 

In  proceedings  under  this  act,  the  findings  of  fact  of  the  court  have  the 
same  conclusive  force  as  the  verdict  of  a  jury:  Nantiooke  Borough  v.  Bell 
Telephone  Co.   ',7  Super.  Ct.  IS',. 

Where  a  telephone  company  accepts  a  grant  under  an  ordinance,  provid- 
ing that  the  said  company  "  shall  be  governed  by  all  the  legal  ordinances  of 
a  general  nature  now  in  force  or  that  may  hereafter  be  enacted;**  it  is  not 
bound  by  an  ordinance  which  fixes  an  unreasonable  fee,  and  in  sneli  a  case, 
upon  proper  petition  under  this  acl  it  is  the  duty  of  the  court  to  hear  the 
evidence  and  decide  the  question  on  its  merits:  Johnstown  Telephone  Co.  v. 
Ferndale  Borough,  ^7  Super.  Ct.  1,61.  See  also  Johnstown  Telephone  Company 
r.  Southport  Borough,  '/?  Super.  Ct.  ',<iS,  and  Windber  Telephone  Co.  r. 
Scalp  Level  Borough,  47  Super.  Ct.  470. 

The  proceedings  upon  petition  under  this  act  are  de  novo  and  it  is  the  duty 
of  the  court  to  hear  and  determine  the  question  at  issue,  having  due  regard  for 
the  weight  of  the  evidence,  and  there  is  no  burden  upon  the  petitioner  to  pro- 
duce evidence  to  prove  that  the  ordinance  is  unreasonable:  A.  )'.  ((-  P.  '/'.  and 
T.  Co.  v.  Couder sport  Bora.,  49  Super.  Ct.  >,6,  rev.  38  Pa .  C.  C.  33,  20 
/>.  B.  846,  2  M.  L.  R.  223. 

210<o.  Said  court  shall  have  power  to  allow  any  pleading  to  be 
amended,  to  make  all  necessary  general  or  special  rules  or  orders  for 
the  production  of  evidence  and  to  expedite  the  said  hearing,  and  may 
hear  and  determine  the  matter  ex  parte  if  the  respondent  fails  to 
answer  or  appear  at  the  time  fixed  for  the  hearing. 
Sec.  2,  Act  of  April  17,  1905,  P.  L.  183. 

2107.     The  said  court,  in  its  decision  of  said  dispute,  shall  deter- 
mine tbe  amount  of  annual  license  fees  which  should  be  paid  to  the 


48:i 

said  muiiicipa]  corporation  in  order  to  properly  compensate  ii  for 
the  necessary  cost  of  the  services  performed,  <>r  to  he  performed,  by 
it.  for  the  inspection  and  regulation  of  the  poles,  wires,  conduits. 
» ;i hies,  pipe  or  mains  of  the  said  telegraph,  telephone,  light,  power, 
street  passenger  railway,  motor  traction,  gas.  or  water  company; 
and  the  amount  thus  determined  shall  be  the  maximum  sum  which 
the  said  municipal  corporation  shall  he  authorized  to  charge  as  li- 
cense  fees  against  such  petitioning  corporation. 

Sec.  3,  An  of  April  IT.  1905,  P.  L.  183,  as  amended  by  Act  of  July  26. 
1913,  P.  L.  1371,  and  Sec.  2,  Art  of  June  23,  19.17,  P.  L.  643. 

A  municipal  tax  on  telegraph  poles  cannot  be  imposed  for  revenue  purposes, 

but  only  to  reimburse  the. municipality  for  reasonabl sts  of  inspection  and 

notifying  the  company  of  defects:     Postal  Telegraph  Co.  v.  City  of  Lancaster, 
18  D.  R.  871 

The  frequency  and  character  of  the  inspections,  and  whether  or  not  they 
arc  reasonable,  arc  matters  within  the  discretion  <>f  the  municipal  authorities 
in  the  first  instance,  and  their  aeti< n  will  be  reversed  only  for  a  clear  abuse 
of  discretion:  Union  Telephone  Company'v.  Greenville  Borough.,  18  D.  R. 
932,  s.  c.  36  Pa.  C.  C.  197. 

The  fees  are  limited  to  the  cost  of  inspection  and  regulation  of  the  poles 
and  wires  by  the  city's  employees.  Consolidated  Tel.  Companies  of  Penna.  v. 
Easton,   16  l>.   R.   887,  s.  c.   11  North   C.   R.   1.   10  Del.  Co.  333. 

Where  a  municipal  ordinance,  subjrcl  to  which  a  telephone  company  is 
authorized  to  occupy  streets  and  highways,  imposes  an  annual  license  tax  of 
fifty  cents  per  pole,  the  company  is  not  concluded  by  such  ordinance,  but  may 
petition  the  court  under  this  act  to  determine  the  proper  amount  to  be  paid, 
and  if  such  application  is  made  pending  suit  to  recover  tax.  proceedings  will 
be  stayed  until  hearing  has  been  had  on  petition.  Such  tax  cannot  be  imposed 
t'i  r  revenue  purposes,  but  only  to  reimburse  borough  for  costs  of  inspection 
and  regulation.  Marietta  Borough  v.  Telephone  Co..  86  Lane.  L.  R.  269. 
271,  s.  c.  11  M.  L.  R.  106;  29  D.  R.  32;  37  Lane.   L.    R.   235. 

It  is  not  necessary  for  a  municipality  to  maintain  a  separate  and  distinct 
organization  for  the  purpose  of  inspecting  and  regulating  the  lines  of  a  public 
service  corporation  in  order  to  empower  it  to  charge  a  license  fee  for  those 
purposes:  Monessen  Boro.  v.  Cent.  D.  <£-  P.  T.  Co.  51  Super.  Ct.  )52.  affirm- 
ing 21  1).  R.  904,  1  West  2 ',n. 

A  provision  in  an  ordinance  requiring  an  inspection  of  poles,  and  wires 
<,{  ,-i  telephone  company  three  tunes  weekly  in  a  bort  ugh  as  tie  basis  on  which 
to  fix  a  license  fee  is  such  an  abuse  of  discretion  as  to  call  for  the  intervention 
of  the  courts:     Myersdale  Boro  v.  Somerset  Tel.  Co.  68  Super.  Ct.  385. 

The  cost  of  inspection  and  supervision  is  tic-  standard  by  which  the  amount 
of  license  feet  is  determined:      Hell  Tel.   Co.   v.    Hazleton,   t<?   Super.   <t. 
Dormont  Boro,  r.  West  Liberty  Street  Railway  Co.  64  Super.  <'t.  562:  Peti- 
tion of  Penna.  Gas  Co.,  258  Pa,  23',,  Port  Clinton  v.   Postal  Tel.  Cable  Co. 
!t  Soh.  178  Petition  of  Postal  Tel.  Cable  Co.,  57  P.  L.  J .  49. 

A  borough  license  tax  against  a  telegraph  company  doing  an  interstate 
business  must  be  limited  to  an  amount  necessary  to  reimburse  the  borough 
for  inspection  and  regulation  of  the  poles,  wires,  etc..  and  such  other  expenses 
as  may  be  reasonably  anticipated  in  connection  therewith:  Postal  Tel.  Cable 
Co.  v.  Hollidaysourg  Borough,  17  D.  R.  298. 


is  I 

Under  the  Act  of  Congress',  of  July  24,  1866,  and  March  1,  1884,  a  foreign 
telegraph  company  may  occupy  public  streets  and  highways  with  its  poles 
without  first  obtaining  a  license  from  thp  municipality :  Punvxutawney 
Borough   v.  Western   Union   Telegraph   Company,  18  D.  R.  &08. 

2108.  Either  party  shall  have  the  right  of  appeal  from  the  order 
of  the  court,  to  the  Supreme  or  Superior  Court,  as  in  other  cases. 

Sec.  4,  Act  of  April  17.  1905,  P.  L.  183. 

2109.  The  amount  of  such  annual  license  fees,  as  determined  by  the 
final  order  of  the  court,  shall  continue  until  altered  by  the  conrt  it 
self;  but  no  application  shall  be  made  for  that  purpose  oftener  than 
once  in  every  two  years. 

Sec.  5,  Act  of  April  17,  1905,  P.  L.  183. 

The  tax  imposed  under  this  act  should  be  uniform  upon  the  same  class  of 
objects  and  corporations,  unless  reasons  for  a  distinction  arc  shown:  Gettys- 
burg v.  United  Telephone  Co.,  19  D.  R.  875. 

If  there  be  no  inspection  i  r  supervision  by  the  municipality  there  can  he 
no  license  fee  imposed:  Del.  d-  Atl.  'Telegraph  and  Telephone  Company's 
Petition,  224  Pa-  55,  affirming  37  Super.  Ct.  151.  affirming  10  Del.  3>,<>.  Srr 
also  United  Telephone  and  Telegraph  Company's  Petition,  31  Pa.  ('.  C.  481; 
s.  o.  Jf  Just.  L.  R.  280  :  tu  Del  29,  7  Lad;  •/.  85,  15  D.  R.   19-1. 

2110.  Nothing  in  this  act  contained  shall  be  so  construed  as  to 
alter  or  affect  the  duty  of  said  telegraph,  telephone,  light,  power, 
street  passenger  railway,  motor  traction,  gas,  or  water  company  to 
properly  erect,  or  construct  and  maintain,  its  poles,  wires,  conduits, 
cables,  pipes  or  mains,  or  to  relieve  it  from  liability  for  negligence 
in  regard  thereto,  either  primarily  to  the  person  injured  or  second- 
arily to  the  municipal  corporation,  if  judgment  is  recovered  against 
it  by  the  person  injured  by  reason  of  such  negligence. 

Sec.  f>.  Act  of  April  17.  1905,  I'.  L.  183,  as  amended  by  Act  of  July  26, 
1913,  I'.  L.  1371,  andSec.  :;,  Act  of  June  l'.'!.  1!»17.  P.  L.  643. 

2111.  No  city,  borough,  incorporated  town,  township,  or  county 
shall  require  or  collect  any  registration,  or  license  fee.  or  tax  for  any 
motor  vehicle  or  license  from  any  operator  thereof,  except  as  to  motor 
vehicles  transporting  passengers  for  pay  or  hire  within  the  limits  of 
any  city,  or  from  points  within  such  city  to  points  outside  of  the 
city  limits. 

Pari  of  Sec.  9,  Act  of  June  30,  1919.  I'.  L.  078,  as  amended  by  Sec.  5.  Act 
of  May  16,  1921,  P.  L.  582. 

2112.  No  city,  county,  borough,   incorporated   town,  or  township. 
shall  adopt,  enforce,  or  maintain  any  ordinance,  rule,  or  regulation 
contrary  to  or  inconsistent  with  the  terms  of  this  act:  or  require  of 
any  person  any  license  tax  upon  or  registration  fee  for  any  traction 
engine,  tractor,  or  trailer,  or  any  permit  or  license  to  operate.    Oper- 


185 

atora  of  traction  engines  or  tractors  shall  have  ilie  same  rights  upon 
the  public  streets  and  highways  as  the  drivers  of  any  other  vehicle*, 
and  no  public  road  open  to  horse-drawn  vehicles  shall  be  closed  to 
traction-engines  or  tractors. 

Sec.  15,  Act  if  June  8,   1!»15,  P.  L.  926. 


CHAPTER  XLVII. 

CEMETERIES  AND  BURIAL  GROUNDS, 
(a)      Changing  Location  of  Cemeteries.     Removal  of  Bodies. 

2113.  Whenever  any  incorporated  or  unincorporated  church,  cem- 
etery, or  burial  association  own  burial  grounds,  wholly  or  in  part  in 
any  city,  township,  or  borough  in  this  Commonwealth,  and  by  reason 
of  the  growth  thereof,  as  well  as  for  sanitary  purposes,  it  is  deemed 
necessary  or  desirable,  in  the  opinion  of  the  said  church,  cemetery, 
or  burial  association,  to  change  the  location  thereof:  or  if,  by  reason 
of  the  opening  of  streets,  roads,  or  public  passages  around  or  through 
the  same,  a  portion  of  the  property  has  become  angular  and  partly 
surrounded  by  improvements;  or  if,  by  reason  of  the  proximity  of 
adjacent  property,  the  interment  of  the  dead  may,  in  the  interest  of 
public  health,  be  prohibited  in  any  part  or  parts  of  the  ground  )>e 
longing  to  any  incorporated  or  unincorporated  church,  cemetery,  or 
-burial  association  aforesaid;  or,  from  other  causes,  any  burial-ground, 
belonging  to  or  in  charge  of  any  incorporated  or  unincorporated 
church,  cemetery,  or  burial  association,  has  ceased  to  be  used  for  in- 
terments, and  has  Itecome  so  neglected  as  to  become  a  public  nuisance; 
or  that  the  remains  of  bodies  interred  in  any  such  neglected  or  dis- 
used cemetery,  in  any  city,  township,  or  borough,  interfere  with  and 
hinder  the  improvements,  extensions,  and  general  progressive  interest 
of  any  city,  township,  or  borough, — it  shall  be  lawful  for  such  incor- 
porated or  unincorporated  church,  cemetery,  or  burial  association, 
and  they  are  hereby  authorized  and  empowered,  to  purchase  new  and 
more  suitable  grounds  in  the  vicinity  of  such  city,  township,  or  bor- 
ough, of  such  extent  and  area  as  they  shall  deem  expedient;  or  to  pur 
chase  lots  or  sections  in  other  properly  regulated  burial  ground  or 
cemetery  in  the  vicinity  of  such  city,  township,  or  borough,  for  the 
burial  of  the  dead;  and  to  purchase  from  the  holders  of  lots  in  their 
own  grounds  the  said  lots,  whether  interments  have  been  made  in 
them  or  not.  and  provide  for  the  reinterment  of  bodies  that  may  be 
buried  in  any  of  the  lots  so  purchased  by  them.  And  the  board  of 
managers,  trustees,  or  other  officials  in  whom  is  vested  the  manage- 
ment of  the  affairs  of  such   incorporated  or  unincorporated  church, 


486 

cemetery,  or  burial  association,  arc  also  hereby  authorized  and  em 
powered  to  contract  and  agree  with  the  owners  of  the  lots  in  which 
interments  have  been  made  to  remove  from  said  lots  the  dead,  to 
such  new  locations,  upon  such  terms  as  may  or  can  be  mutually  a- 
greed  upon.  And  in  case  any  bodies  have  been  interred  in  lots  in 
such  cemetery  or  cemeteries,  and  the  owners  of  the  lots  in  which  the 
interments  are  made  cannot,  after  diligent  search  by  the  board  of 
managers,  trustees,  or  other  officials,  he  found,  such  bodies  may  be 
removed  by  the  aforesaid  managing  officials  to  lots  in  such  grounds, 
so  purchased  by  said  incorporated  or  unincorporated  church,  ceme- 
tery, or  burial  association,  or  to  lots  or  sections  in  other  properly 
regulate  burial-ground  or  cemetery  in  the  vicinity  of  such  city 
township,  or  borough,  and  interred  therein;  the  expense  of  such  re- 
moval and  interment,  enclosures  and  improvements  to  be  borne  by 
such  incorporated  or  unincorporated  church,  cemetery,  or  burial  as- 
sociation ;  and,  upon  such  removal  being  made,  the  ground  from  which 
the  bodies  are  so  removed  shall  be  deemed  and  considered  vacated  for 
burial  purposes,  and  revert  to  and  become  the  property  of  such  in- 
corporated or  unincorporated  church,  cemetery,  or  burial  association 
making  such  removal,  and  be  taken  and  considered  the  same  as  if 
said  lot  or  lots  had  never  been  sold  by  the  said  church,  cemetery,  or 
burial  association,  for  the  purpose  of  interment  or  any  other  purpose 
whatsoever.  And  in  case  the  holders  of  lots  in  which  no  interments 
have  been  made  cannot,  after  diligent  search  by  the  managing  of- 
ficials above  mentioned,  be  found,  then  the  managing  officials  may, 
in  their  discretion,  assign  to  said  owner  parts  of  the  ground  so  pur- 
chased, equal  in  value  to  the  said  lots  the  owners  of  which  cannot  be 
found ;  or  assign  to  such  owners  lots  of  equal  value  in  other  properly 
regulated  burial-ground  or  cemetery  in  the  vicinity  of  such  city, 
township,  or  borough ;  or  the  said  managing  officials  may  set  apart 
or  hold  in  trust,  for  the  owners  of  said  lots  who  cannot  be  found,  a 
sum  of  not  less  than  the  original  price  paid  for  said  lots  by  the 
owner,  and  shall  hold  and  securely  keep  the  said  sum,  so  set  apart, 
for  the  benefit  of  the  said  owners,  and  pay  to  them  whenever  they 
may  call  for  the  same:  and  thereupon,  whenever  lots  of  equal  value 
shall  have  been  set  apart,  on  the  books  of  said  incorporated  or  unin- 
corporated church,  cemetery,  or  Burial  association,  as  having  been 
assigned  to  said  owners  Mho  cannot  be  found,  in  the  new  and  more 
suitable  ground  so  purchased,  or  in  a,  properly  regulated  burial-ground 
or  cemetery  in  the  vicinity  of  such  city,  township,  or  borough  :  or  as 
soon  as  the  said  managing  officials  shall  set  apart  a  sum  equal  to  the 
price  paid  for  said  lots,  the  owners  of  which  cannot  be  found,  for  the 
benefit  of  said  owners.— then,  and  in  that  case,  the  lots  heretofore 
held  by  said  owners  shall  revert  to  and  become  the  property  of  said 


487 

» 
incorporated  <n-  unincorporated  church,  cemetery,  or  burial  associa 

tion,  in  whose  ground  the  same  are  located,  as  if  the  same  had  never 
been  sold  for  the  purpose  of  interment  or  any  other  purpose  whatso- 
ever; and  such  incorporated  or  unincorporated  churcli,  cemetery,  or 
burial  association  is  hereby  further  authorized  and  empowered  to 
sell  and  convey  in  fee  simple,  and  unrestricted  as  to  use,  all  such 
portions  of  their  land  nol  used  or  conveyed  by  them  for  burial  pur 
poses,  or  which  shall  bave  been  reconveyed  to  them,  or  which  have 
reverted  to  or  become  acquired  by  them  as  hereinbefore  authorized, 
and  from  which  all  bodies  shall  have  been  removed;  and  to  make, 
grant,  and  deliver  In  the  customary  form  a  daed  or  deeds  for  the 
same  to  the  purchaser  or  purchasers,  free,  clear,  and  discharged  of 
any  use.  trust,  or  limitation  whatsoever. 

Sec.  1.  A.i  of  June  25,  1913,  P.  I,.  551. 

2114.  Whenever  any  incorporated  or  unincorporated  church,  cem- 
etery, or  burial  association  owns  ground,  wholly  or  in  part  in  any 
city,  township,  or  borough  in  this  Commonwealth,  and  by  reason  of 
the  growth  thereof,  as  well  as  for  sanitary  purposes,  it  is  deemed 
necessary  or  desirable,  in  the  opinion  of  the  said  church,  cemetery, 
or  burial  association,  to  change  the  location  thereof;  or  if,  by  reason 
of  the  opening  of  streets,  roads,  or  public  passages  around  or  through 
the  same,  a  portion  of  the  property  has  become  angular  and  partly 
surrounded  by  improvements  :  and,  by  reason  of  the  proximity  of  adja 
cent  property,  the  interment  of  the  dead  may.  in  the  interest  of  public 
health,  be  prohibited  in  the  ground  belonging  to  any  such  church 
cemetery,  or  burial  association  aforesaid;  or,  from  other  causes.  an\ 
burial-ground,  belonging  to  or  in  charge  of  any  such  incorporated  or 
unincorporated  church,  cemetery,  or  burial  association,  has  ceased  to 
be  used  for  interments,  and  lias  become  so  neglected  as  to  become  a 
public  nuisance;  or  that  the  remains  of  bodies  interred  in  any  such 
neglected  or  disused  cemetery,  in  any  city,  township,  or  borough,  in- 
terfere with  ami  hinder  the  improvements,  extension,  and  general 
progressive  interestof  any  city,  township, or  borough, — then,  and  in 
such  case,  the  courts  of  quarter  sessions  of  the  several  counties  of  this 
Commonwealth,  upon  petition  of  the  managers,  trustees,  or  other  of- 
ficials, in  whom  is  vested  the  management  of  the  affairs  of  such  in- 
corporated or  unincorporated  church,  cemetery,  or  burial  association, 
setting  forth  thai,  by  reason  of  the  growth  of  said  city,  township,  or 
borough,  it  has  been  necessary  to  change  the  location  thereof;  or 
that,  by  reason  of  the  proximity  of  adjacent  property, 
the  interment  of  the  dead  in  said  cemetery  or  burial-ground,  in  the 
interest  of  public  health,  has  been  prohibited;  or,  from  other  causes, 
said  burial-ground  has  ceased  to  be  used  for  interments,  and  has  be 
come  so  neglected  as  to  become  a  public  nuisance;  or  that  the  re- 
mains of  bodies  therein  interfere  with  and  hinder  the  improvements. 


•1<S8 

extensions,  and  general  progressive  interests  of  any  such  city,  town- 
ship, or  borough,  and  the  public  good;  and  after  three  weeks'  adver 
lisemeiit  of  hearing  in  open  court,  for  the  purpose,  the  said  court  is 
hereby  vested  and  empowered  with  full  power  and  authority,  after 
a  full  hearing  of  the  parties  therein,  proofs  and  allegations,  to  autho- 
rize and  direct  the  removal  of  the  remains  of  all  the  dead  from  such 
cemetery  or  burial-ground  to  such  other  suitable  ground  as  said 
managers,  trustees,  or  officers  may  have  procured,  in  the  vicinity  oi 
such  city,  township,  or  borough,  for  the  reinterment  of  the  bodies,  or 
to  such  lots  or  sections  in  a  properly  regulated  burial-ground  or  ceme- 
tery in  the  vicinity  of  such  city,  borough  or  township,  and  to  order 
and  decree  that  the  ground  of  such  cemetery  be  forever  vacated  for 
burial  purposes. 

Sec.  2,  Act  of  June  25,  1913,  P.  L.  551. 

2115.  After  the  removal  of  the  bodies,  as  provided  for  in  section 
two,  the  said  court  of  quarter  sessions  may,  upon  petition  of  the 
said  managers,  trustees,  or  other  officers  referred  to  in  said  section, 
and  upon  being  satisfied  that  the  order  of  the  court  has  been  duly 
complied  with,  authorize  and  empower  the  said  managers,  trustees, 
or  other  officers,  in  whom  is  vested  the  management  of  such  incor- 
porated or  unincorporated  church,  cemetery,  or  burial  association,  to 
sell  said  burial  ground  at  public  or  private  sale,  either  as  a  whole  or 
divided  into  lots,  as  they  may  deem  most  advisable  and  most  likely 
to  realize  the  most  money,  and  to  make,  execute,  and  deliver  to  the 
purchaser  or  purchasers  a  deed  or  deeds  therefor,  which  deed  or  deeds 
shall  vest  in  said  purchaser  or  purchasers  a  perfect  and  indefeasible 
fee  simple  title,  free  and  clear  from  all  claims  or  interest  of  said  in- 
corporated or  unincorporated  church,  cemetery,  or  burial  association, 
and  of  all  owner  or  owners  of  lot  or  lots  in  said  burial-ground,  the 
proceeds  thereof  being  substituted  in  all  respects  for  said  ground. 

Sec:  :;.  Ad  of  June  25,   1913,   I'.  L.  551. 

2110.  The  proceeds  of  such  sale  or  sales  shall  be  applied  and  dis- 
tributed by  said  managers,  trustees  or  other  officers,  in  whom  is 
vested  the  management  of  such  incorporated  or  unincorporated 
church,  cemetery,  or  burial  association,  as  follows:  ( 1  )  to  the  payment 
of  the  expenses  of  removing  said  bodies  and  the  monuments  or  tomb- 
stones erected  or  maintained  in  such  cemetery,  including  the  purchase 
of  neAv  grounds  or  new  lots  in  a  properly  regulated  burial-ground  or 
cemetery,  in  the  vicinity  of  such  city,  township,  or  borough;  (2)  to  the 
compensation  or  payment  to  lot  owners  in  said  burial-ground,  in 
which  no  bodies  have  been  interred;  and  (3)  the  residue,  after  de- 
fraying all  necessary  expenses  incident  to  the  removal  of  said  bodies 
and  interring  the  same  in  a  careful  manner,  to  be  held  in  trust  for 
lot  owners  who  cannot  be  found  after  diligent   search,  and   for  such 


489 

other  uses,  objects,  and  purposes  as  said  incorporated  or  unincorpor- 
ated church,  cemetery,  or  burial  association  may  order,  direct,  and 
appoint. 

Sec.   I.  Aei  of  June  25,  1913,  P.  I.   551. 

(b)     Care  of  Neglected  Cemeteries  by  Township   Supervisors. 

l'117.  Whenever  any  burial-ground  is  being  neglected  so  as  to  be- 
come a  nuisance,  even  though  said  burial-ground  may  occasionally 
be  used  for  burial  purposes,  the  court  of  quarter  sessions  of  the 
county  in  which  such  burial-ground  is  situated  may  direct  that  such 
burial-ground  be  placed  in  care  of  the  township  supervisor  of  the 
township,  under  the  direction  and  supervision  of  said  court. 

Sec.  1.  An  of  May  24,  1917,  P.  L.  292. 

2118.  That  upon  the  petition  of  twenty-five  or  more  citizens  resid- 
ing within  a  radius  of  five  miles  of  any  such  burial-ground,  to  the 
court  of  quarter  sessions,  the  said  court  may  order  and  direct  the 
township  supervisors  of  the  township  to  cut  down,  in  the  month  of 
August  of  each  year,  all  brush,  grass,  briars,  and  weeds  growing  in 
such  burial-ground,  and  to  remove  the  same,  and  place  such  grounds 
in  good  order  and  condition. 

The  cost  thereof  shall  be  paid  out  of  the  township  treasury,  but  in 
no  case  shall  the  supervisors  of  any  township  expend  more  than  fifteen 
dollars  on  any  one  cemetery,  in  any  one  year,  for  such  purposes. 

Sec.  2,  Act  of  May  24,  1917.  P.  L.  292. 

2119.  Such  burial  grounds  shall  remain  open  to  the  public,  accord- 
ing to  such  regulations  as  may  be  made  by  the  said  court. 

Spc.  :;.  Act  of  -May  24,  1917,  P.  L.  292. 

(c)     Care  of  Neglected  Cemeteries  by  Overseers  of  Poor. 

i-'120.  The  overseers  of  the  poor  of  any  township  of  the  second 
class  in  this  Common  wealth,  which  constitutes  a  separate  poor-dis- 
trict, are  hereby  authorized  and  empowered,  on  the  petition  of  ten 
per  centum  of  the  taxable  inhabitants  within  such  township,  to  fence, 
to  keep  in  repair,  and  to  clear  of  all  weeds,  briers,  and  all  other 
growth  not  used  for  ornamental  purposes,  any  abandoned  and  neg- 
lected cemetery  or  burial-ground,  which  cemetery  or  burial-ground, 
shall  have  been  abandoned  and  neglected  for  a  period  of  five  years 
prior  to  the  filing  of  said  petition,  and  that  is  open  for  interment  to 
the  general  public  without  charge  or  fee.  and  when  such  cemetery  or 
burial-ground  is  not  maintained  for  profit  or  gain. 

Sec.  1.  Acl  of  Tune  21,  19]  1.  P.  L.  111  I. 


490 

2121.  The  overseers,  as  aforesaid,  shall  have  power,  and  they  are 
hereby  authorized,  at  the  expense  of  the  respective  poor-districts  of 
said  townships,  to  purchase  wood,  timber  and  all  other  necessary 
material  for  repairing  fences,  and  other  repairs,  and  employ,  oversee, 
and  direct  the  necessary  labor  and  work  to  carry  out  the  provisions 
of  this  act. 

Sec.  2,  Act  of  June  21,  1911,  P.  L.  1111. 

2122.  The  expense  of  such  maintenance  shall  be  paid  from  the 
general  poor-fund  of  the  poor-districts  of  said  townships;  and  all 
funds  so  expended  shall  be  accounted  for  before  the  township  audi- 
tors, as  provided  for  by  law  relating  to  poor-districts,  and  shall  be 
subject  to  all  laws  relating  thereto:  Provided,  That  this  act  shall 
not  apply  to  any  cemetery  or  burial-ground  controlled  or  under  the 
supervision  of  any  denominational  church  or  sectarian  religious  so- 
ciety. 

Sec.  3,  Act  of  June  21,  1911,  P.  L.  1111. 

CHAPTER  XLVIII. 

ACTIONS  BY  AND  AGAINST  TOWNSHIPS. 

For  other  provisions  relating  to  this  subject,  see  sections   1395  to  1401, 

inclusive. 

(a)     Affidavits  of  Defense. 

2123.  Counties,  cities,  boroughs,  townships,  school  districts,  and 
other  municipalities  shall  not  be  required  to  file  an  affidavit  of  de- 
fense. 

Part  of  Sec.  12,  Act  of  May  14,  1915,  P.  L.  483,  as  amended  by  Sec.  1, 
Act  of  March  10,  1921,  P.  L.  16. 

The  Act  of  April  26,  1893,  P.  L.  26.  exempting  municipal  corporations  from 
filing  affidavits  of  defense  in  actions  of  assumpsit  was  repealed  by  the  general 
Practice  Act  of  1915,  P.  L.  483,  by  necessary  implication,  but  by  the  Act  of 
May  3,  1917,  P.  L.  149,  amending  the  twelfth  section  of  the  Act  of  1915, 
municipalities  are  again  exempted  from  the  obligation  to  file  an  affidavit  of 
defense:  Walsh  r.  Borough  of  Throop,  18  Lad-.  J.  130;  Bittner,  rt  u.r,  r. 
City  of  York,  30  D.  R.  956. 

The  above  section  relieves  municipalities  of  the  necessity  of  filing  affidavits 
of  defense:     Bittner  v.  City  of  York,  3>t  York  173. 

The  above  act,  exempting  municipal  corporations  from  the  necessity  of 
filing  affidavits  of  defense,  did  not  repeal  as  to  such  corporations  section  3  of 
the  Act  of  1915,  abolishing  all  pleas  and  impose  upon  them  the  obligation  to 
file  a  plea.  Its  intention  was  to  relieve  them  from  filing  anything  by  way  of 
defense :     Deems  v.  Borough   of  Washington,  12  M.  L.  R.  195. 


491 

(b)     Filing  of  Judgments  Obtained  Before  Justices  and  Aldermen. 

2124.  Hereafter  it  shall  be  the  duty  of  the  plaintiff  or  plaintiffs  in 
every  judgment  rendered  by  a  justice  of  the  peace  or  alderman  of 
ibis  Commonwealth,  against  any  borough,  township  or  school  district 
of  this  Commonwealth,  to  file,  within  one  week  from  the  time  of  ren- 
dition of  said  judgment,  with  the  protbonotary  of  the  county  in  which 
such  municipal  corporation  is  situated,  a  certificate  signed  by  the 
plaintiff  or  plaintiffs,  naming  the  parties  to  the  action  in  which  said 
judgment  was  rendered,  the  magistrate  by  whom  rendered  and  setting 
forth  the  fact  and  date  of  the  rendition  of  the  same  and  the  amount 
thereof. 

Sec.  1,  Act  of  April  22,  1905,  P.  L.  296. 
See  notes  to  Sec.  4  of  this  act,  Sec.  2127. 

2125.  Immediately  upon  the  receipt  of  such  certificate  by  the  pro- 
tbonotary of  such  county,  he  shall  enter  it  of  record  in  a  book,  kept 
by  him  in  bis  office  for  that  purpose,  to  be  called  the  "Record  of  Suits 
before  Justices  and  Aldermen  against  Boroughs,  Townships  and 
School  Districts,"  setting  forth  therein  the  name  of  the  plaintiff,  the 
name  of  the  defendant  municipality,  the  sum  for  which  judgment  was 
entered,  the  date  of  its  rendition,  and  the  name  of  the  justice  or  alder- 
man by  whom  the  judgment  was  given. 

Sec.  2,  Act  of  April  22,  1905,  P.  L.  290. 

212b.  For  entering  such  certificate  of  record,  the  prothonotary 
shall  receive  the  sum  of  fifty  cents,  for  which  in  every  instance  the 
municipality  against  which  the  suit  is  brought  shall  be  liable  to  the 
prothonotary. 

Sec.  3,  Act  of  April  i'_.  L905,  P.  L.  290. 

2127.  Whenever  in  the  case  of  any  judgment  rendered  by  any  jus- 
tice of  the  peace  or  alderman  of  this  Commonwealth  against  any  bor- 
ough, township  or  school  district  of  this  Commonwealth,  the  pro- 
visions of  this  act  shall  not  be  complied  with,  no  transcript  of  such 
judgment  may,  at  any  subsequent  time,  be  tiled  in  the  office  of  the 
prothonotary,  for  any  purpose  whatsoever;  and  neither  the  justice's 
nor  alderman's  record  of  such  judgment,  nor  any  transcript  or  copy 
thereof,  may  be  used  as  evidence  in  any  proceedings  to  enforce  or  col- 
lect said  judgment. 

Sec.  4,  Act  of  April  22,  1905,  P.  L.  296. 

This  section  clearly  offends  against  Art.  3,  Sec.  7  of  the  Constitution, 
which  forbids  the  passage  of  any  local  or  special  law  providing  or  changing 
methods  for  the  collection  of  debts  or  the  enforcement  of  judgments  :  Flern  Ojy 
Mfg.  Co.  v.  ffeetoi    ,  ■  unship,  35  Pa.  C.  C.  t05,  s.  is.  6  Just  L.  R.  28S,  18  D. 


4fta 

/'.  780.     Also  McKenna   v.  Dunmorc  Borough,  17  D.  R.  90S,  .?.  o.  8  Lack.  J. 
382,  2  Leh.  332,  6  Just.  I.  R.  169,  21  York  103. 

This  act  is  designed  to  make  indispensable  to  the  only  mode  of  execution 
prescribed  by  the  Act  of  April  15,  1834,  P.  L.  537,  Sections  6  and  7,  the 
filing  with  the  prothonctary  of  the  proper  county,  of  the  certificate  in  a 
judgment  secured  against  any  borough,  township,  and  school  district  before 
a  justice  of  the  peace  or  alderman.  As  a  penalty  for  non-compliance  with 
the  act  of  1905,  a  right,  which  the  plaintiff  would  otherwise  have  had  under 
the  Act  of  1834  is  in  terms  taken  away :  Wolf  v.  Salem  Township,  85  Pa. 
C  C.  157,  s.  c.   n  D.  R.   1006. 

(c)     Actions  on  Surety  Company  Bonds. 

2128.  It  shall  be  lawful  for  any  borough,  city  or  other  municipal 
ity  of  this  Commonwealth,  to  which  is  given  the  bond  or  other  obli- 
gation of  any  officer  thereof  for  the  performance  of  his  duties,  or  the 
bond  or  other  obligation  of  any  contractor  therewith  for  the  perform 
ance  of  his  contract,  in  which  bond  or  obligation  any  corporation  or 
surety  company  is  the  surety,  to  bring  any  suit,  action  or  other  legal 
proceeding  upon  said  bond  or  obligation  in  the  county  in  which  the 
respective  borough,  city  or  other  municipality  is  situate,  with  like 
effect  as  if  the  said  corporation  or  surety  company  were  a  resident  of 
the  said  county. 

Sec.  1,   Act  of   May  -J.  1001,    1'.    L.   111. 

2129.  The  summons  or  other  process  shall  be  served  upon  the  said 
corporation  or  surety  company  defendant  by  reading  the  same  in  the 
hearing  of  any  president,  vice  president,  secretary,  chief  clerk,  trea- 
surer, or  in  the  hearing  of  any  other  officer  of  said  company,  or  of  any 
director  or  agent  thereof:  or  by  giving  any  of  the  aforesaid  officers 
or  agents  notice  of  the  contents  of  said  summons  or  other  process,  and 
giving  him  a  true  and  attested  copy  thereof.  If  any  of  the  aforesaid 
officers  or  agents  cannot  conveniently  be  found,  then  such  service 
may  be  made  by  leaving  a  true  and  attested  copy  of  the  summons  or 
other  process  at  the  dwelling  house  of  such  officer  or  agent,  with  an 
adult  member  of  the  family;  and  if  said  officer  or  agent  resides  in 
!he  family  of  another,  then  said  attested  copy  may  be  left,  with  an 
adult  member  of  the  family  with  which  such  officer  or  agent  resides. 
Where  the  corporation  or  surety  company  defendant  is  a  foreign  cor- 
poration, authorized  to  do  business  in  this  State,  the  summons  or 
other  process  may  be  served  in  the  manner  provided  <by  law  for  the 
service  of  a  summons  upon  any  duly  appointed  and  registered  agent 
of  said  foreign  corporation  or  company,  resident  in  this  State. 

Sec.  2.  Act  of  Maj   2,  1901,  P.  L.  111. 

2130.     The  said  summons  or  other  process,  hereinbefore  provided 
for,  shall  be  served  by  the  sheriff  or  his  deputy  within  the  county  in 


49tt 

which  the  writ  issues;  bin  when  the  corporation,  surety  company,  or 
the  officers  6r  agents  thereof,  are  no u  residents,  ihc  said  sheriff  shall 
deputize  to  serve  said  summons  or  other  process  the  sheriff  of  any 
other  county  in  which  the  corporation  or  surety  company  defendant 
is  located  or  the  officers  thereof  reside;  or  in  which  the  registered 
State  agent  is  resident,  in  cases  where  a  foreign  corporation  or  surety 
company  is  defendant ;  but  the  mileage  for  service  in  the  latter  cases 
shall  be  computed  only  from  the  county  seat  in  which  the  said  depu- 
tized slieritl'  resides. 

Sec.  ::.  Act  of  Maj  2,  1901,  !'.  L.   111. 


CHAPTER  XLIX. 

PENAL    PROVISIONS.        COMMITMENTS.        PRISONS, 
(a)     Illegal  Use  of  Public  Money. 

2131.  If  any  officer  of  this  Commonwealth  or  of  any  city,  borough, 
county  or  township  thereof,  shall  loan  out,  with  or  without  interest, 
or  return  therefor,  any  money  or  valuable  security  received  by  him, 
or  which  may  be  in  his  possession,  or  under  his  control  by  virtue  of 
his  office,  he  shall  be  guilty  of  a  misdemeanor  in  office,  and  on  con- 
viction be  sentenced  to  pay  a  fine1  not  exceeding  one  thousand  dollars 
and  undergo  an  imprisonment,  by  separate  or  solitary  confinement 
at  labor,  not  exceeding  five  years,  and  if  still  in  office,  be  adjudged 
thereafter  incapable  of  exercising  the  same,  and  the  said  office  shall 
be  forthwith  declared   vacant  by  the  court  passing  sentence. 

Sec.  62,  Ad  of  March  31,  I860,  P.  L.  382. 

This  section  does  not  make  the  borrower  responsible:  Pittsburgh  v.  More- 
land,   ',1  !'.  L.  ■! .  195. 

For  requirements  of  indictment  under  this  section,  see  Com.  v.  Quay,  7  D. 
Ji.  72.9,  Com.  r.  Rupp,  9  Watts  II',. 

Public  money  as  defined  by  this  section  properly  includes  the  money  of  a 
city  and  a  city  treasurer  cannot  loan  the  money  of  the  city  for  his  personal 
benefit  :     Com.  v.  Marcer,   ''J  Leg.  Int.  52. 

This  act  is  not  limited  in  terms  to  public  money  and  it  applies  to  any 
money  under  control  of  such  officer  by  virtue  of  his  office,  and  an  indictment 
charging  the  lending  of  such  money  is  sufficient :  Commonwealth  v.  Ambler 
No.  /.  30  D.  /.'.  ',.<:. 

2132.  If  any  such  officer  shall  enter  into  any  contract  or  agree- 
ment with  any  bank,  corporation  or  individual,  or  association  of  in- 
dividuals, by  which  said  officer  is  to  derive  any  benefit,  gain  or  ad 
vantage  from  the  deposit  with  such  bank,  corporation  or  individual, 
or  association,  of  any  money  or  valuable  security  held  by  him,  or 
which  may  be  in  his  possession,  or  under  his  control  by  virtue  of  his 


494 

said  office,  he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction, 
be  sentenced  to  pay  a  fine  not  exceeding  one  thousand  dollars,  and  to 
undergo  an  imprisonment  not  exceeding  one  year,  and  if  still  in  of- 
fice, be  adjudged  thereafter  incapable  of  exercising  the  same,  and  the 
said  office  shall  be  forthwith  declared  vacant  by  the  court  passing 
sentence. 

See*.  63,  Act  of  March  31,  1860,  P.  L.  382. 

By  analogy  with  County  of  Lackawanna  v.  Duffy,  248  /'</.  575,  the  moneys 
of  a  township,  with  which  the  township  treasurer  is  entrusted,  do  not  belong 
to  him,  but  to  the  township,  and  any  interest  paid  by  the  banks  in  which  the 
said  moneys  are  deposited  belongs  to  the  township  and  not  to  the  treasurer. 

(b)     Embezzlement. 

2133.  If  any  state,  county,  township  or  municipal  officer  of  this 
Commonwealth,  charged  with  the  collection,  safe  keeping,  transfer, 
or  disbursement  of  public  money,  shall  convert  to  his  own  use,  in  any 
way  whatsoever,  or  shall  use  by  way  of  investment  in  any  kind  of 
property  or  merchandise,  any  portion  of  the  public  money  entrusted 
to  him  for  collection,  safe  keeping,  transfer  or  disbursement,  or  shall 
prove  a  defaulter,  or  fail  to  pay  over  the  same  when  thereunto  legally 
required  by  the  state,  county  or  township  treasurer  or  other  proper 
officer  or  person  authorized  to  demand  and  receive  the  same,  every 
such  act  shall  be  deemed  and  judged  to  be  an  embezzlement  of  so 
much  of  the  said  money  as  shall  be  thus  taken,  converted,  invested, 
used  or  unaccounted  for,  which  is  hereby  declared  a  misdemeanor; 
and  every  such  officer,  and  every  person  or  persons  whomsoever  aid- 
ing or  abetting  or  being  in  any  way  accessory  to  said  act,  and  being 
thereof  convicted,  shall  be  sentenced  to  an  imprisonment,  by  separate 
or  solitary  confinement  at  labor,  not  exceeding  five  years,  and  pay  a 
fine  equal  to  the  amount  of  the  money  embezzled. 

Sec.  65,  Act  of  March  31,  I860,  P.  L.  382. 

Each  of  the  acts  specified  in  this  section  is  a  complete  offense,  but  when 
two  or  more  of  such  are  in  fact  only  successive  steps  in  one  appropriation  of 
the  same  money,  they  then  constitute  but  a  single  offense,  and  may  be  charged 
in  the  same  indictment:  Com.  r.  Mentzer,  162  Pa.  8.'f6,  affirming  10  Lam-. 
L.  R.  788. 

As  to  sufficiency  of  indictment,  see  Com.  v.  Carson,  21  Super.  Ct.  48. 

On  a  trial  for  being  accessory  to  an  embezzlement,  the  guilt  of  the  prin- 
cipal must  lie  firsl  proved  cither  by  the  record  of  his  conviction  or  otherwise: 
Com.  v.  House.   10  Super.   Ct.  2.19. 

On  question  of  evidence  generally,  see  Com.  r.  House,  8  Super.  Ct.  92. 

In  the  civil  courts  constructive  demands  may  be  made  and  are  recognized, 
but  not  so  in  a  criminal  court  in  the  prosecution  for  an  offense  having  as  one 
of  its  statutory  ingredients  a  refusal  to  pay  on  demand.  A  demand  there 
means  actual  demand  :     Com,  v.  Shoener,  212  Pa.  527,  a.  c.  216  Pa.  11. 


495 

A  public  «ffit«r  cannot  bt  ••nvirtt«d  for  failing  to  pa.v  over  public  moneys 
on  proper  demand,  &a  provided  In  thll  section,  until  an  actual  and  not  a  con- 
structive, demand  has  been  masde  by  the  proper  officer  or  party  authorized  to 
demand  and  receive  the  same,  and  do  offense  is  committed  until  such  demand 
lias  been  made,  ami  the  statute  of  limitations  begins  to  run  from  the  date  of 
the  demand:     Com.  v.  Shoener,  216  Pa.  71,  affirming  30  Super.  Ct.  321. 

Where  (luring  the  term  of  office  oi  .>  tus  collector  ii  is  discovered  tliat  he 
has  appropriated  mi  ney  received  as  taxes  to  bis  own  use,  and  such  conversion 
and  appropriation  is  established  by  competent  evidence,  the  offense  is  com- 
plete. In  such  a  c.isc  ii  is  not  necessary  to  show  a  prior  demand  by  some 
one  authorized  to  make  such  demand:  Com.  v.  Sitler.  67  Super.  Gt.  f.  af- 
firming I   Vorthum,  I..  •/.    [30,  >-  -sV/'-   /"■'•'•  -;    \'orthum.  I..  -I .   his. 

2134.  If  any  person  charged  with  the  collection,  safe  keeping,  or 
transfer  of  any  state,  county,  township,  school,  city,  borough,  or  mu- 
nicipal taxes,  under  any  law  or  laws  of  this  Commonwealth,  shall 
convert  or  appropriate  the  moneys  so  collected,  or  any  part  thereof, 
to  his  own  use  in  any  way  whatever,  or  shall  use  by  way  of  invest- 
ment in  any  kind  of  property  or  merchandise  any  portion  of  the  mon- 
ey so  collected  by  him  from  such  tax  or  taxes,  and  shall  prove  a  de- 
faulter or  fail  to  pay  over  the  same  or  any  part  thereof  at  the  time 
or  times,  place  or  places,  required  by  law  and  to  the  person  or  per- 
sons legally  authorized  to  demand  and  receive  the  same,  every  such 
act  shall  be  deemed  and  adjudged  to  be  an  embezzlement  of  so  much 
of  said  money  as  shall  be  thus  taken,  converted,  appropriated,  em- 
bezzled, used,  or  unaccounted  for,  which  is  hereby  declared  a  misde- 
meanor; and  every  such  tax  collector  and  every  person  or  persons 
whomsoever  aiding  or  abetting  or  being  in  any  way  accessory  to  such 
;ict.  and,  being  thereof  convicted,  shall  be  sentenced  to  an  imprison- 
ment not  exceeding  five  years,  or  pay  a  fine  not  exceeding  five  thou- 
sand dollars,  or  both,  at  the  discretion  of  the  court. 

Sec   1.  Acl  i  f  June  :;,  1885,  P.  L.  72,  No.  45. 

As  to  sufficiency  of  indictment  hereunder,  see  Com.  v.  Barge,  11  Super.  Ct. 
164. 

An  ment   between    an    insolvent    tax    collector   and   his   assignee   that 

unpaid  taxes  legally  assessed  be  appropriated  to  the  payment  of  the  individual 
debts  of  the  collector  and  credited  to  the  property  owner  is  void,  as  against 
public  policy,  and  because  specially  prohibited  by  this  act :  Com.  v.  Hahon, 
11  Super.  Ct.  616. 

.v  tax  collector  is  liable  under  this  act,  if  in  default  two  years  prior  to 
the  indictment:   Com.    r.   McCullough,  19  Super.  Ct.  .'{12. 

A  court  in  imposing  sentence  is  limited  to  the  punishment  prescribed  by 
the  terms  of  the  violated  statute.  This  act  provides  for  a  sentence  not  ex- 
ceeding five  years;  the  Act  of  June  26,  1895,  P.  L.  374,  limits  simple 
imprisonment  to  the  county  jail,  hence  a  sentence  for  a  crime  under  the 
Act   oi    L885  must   be   in  tl  y  jail  and  not   in  the  penitentiary:   Com. 

17.  John  H.  Barge,  11  Super.   Ct.  I64. 

Where  a  tax  collector  appropriates  money  received  as  taxes,  to  his  own 
use,    and    such    conversion    and    appropriation    is    established    by    competent 


490 

evidence,  the  offence  is  complete.  The  above  acl  prescribes  four  separate 
and  distinct  offences.  It  is  nol  necessary  to  show  a  prior  demand  by  some 
one  authorized  to  make  such  demand.  Any  person  who  knows  the  facts  or 
is  reliably  informed  thereof  may  act  as  prosecuter.  The  Act  of  July  9,  1897, 
P.  L.  242,  and  May  21,  1913.  P.  L.  284,  do  not  prevent  the  prosecution  of  a 
tax  collector  under  this  act:  Com.  v.  8itler,  67  Super.  Ct.  /,  affirming  12  8eh. 
',0H.  2  Northvm.  L.  •/.  430,   3   Northum.   L.  ■>.    138. 

A  defaulting  tax  collector  may  be  prosecuted  for  embezzlement  under  this 
act  notwithstanding  the  pendency  of  proceedings  under  sections  18  and  19 
of  the  Act  of  April  11,  1799,  3  Sm.  L.  392:  Com.  v.  Miller,  13  D.  R.  1  ',7. 
s.  c.  2  Just.  I..  /.'.   12.  20  Lane.  L.  /.'.  285,  is  York,  50,  .',  Lurk.  ./.   /7  ;. 

2135.  If  any  person,  being  an  officer,  director,  superintendent, 
manager,  receiver,  employe,  agent,  attorney,  broker,  or  member  of 
any  bank  or  other  body  corporate,  or  public  company,  municipal  or 
quasi  municipal  corporation,  shall  fraudulently  take,  convert  or  apply 
to  his  own  use,  or  the  use  of  any  other  person,  any  of  the  money  or 
other  property  of  such  bank,  body  corporate  or  company  municipal 
or  quasi  municipal  corporation,  or  belonging  to  any  person  or  per- 
sons, corporation  or  association,  and  deposited  therein,  or  in  posses- 
sion thereof,  he  shall  be  guilty  of  a  misdemeanor. 

Sec.  116,  Act  of  March  31,  1860,  P.  L.  382,  as  amended  by  Sec.  3.  Act 
of  June  12,  1878,  I'.  L.  196. 

Sec.  5,  of  the  Act  of  187S.  fixes  the  punishment  at  a  tine  not  exceeding 
one  thousand  dollars,  and  imprisonment  by  separate  or  solitary  confinement  at 
labor  not  exceeding  six  years.     See  sec.  2142. 

An  employe  of  the  Philadelphia  gas  works  was  held  to  he  an  emph  ye  of  a 
municipal  or  quasi-municipal  corporation  within  this  act:  Gulp  v.  Com., 
109  Pa.  363,  affirming  16  Phila.    ',96. 

As  to  the  sufficiency  of  an  indictment  hereunder,  see  Com.  r.  llottenstein, 
2  Woodw.  477;  Com.  v.  Koons,  1  Kulp  73',.  .v.  c.  9  Luz.  171. 

For  time  within  which  action  must  be  brought  under  this  section,  see 
section  2143. 

(c)       Public  Contracts. 

2136.  It  shall  not  be  lawful  for  any  councilman,  burgess,  trustee, 
manager  or  director,  of  any  corporation,  municipality  or  public  insti- 
tution, to  be  at  the  same  time  a  treasurer,  secretary  or  other  officer, 
subordinate  to  the  president  and  directors,  who  shall  receive  a  salary 
therefrom,  or  be  the  surety  of  such  officer,  nor  shall  any  member  of 
any  corporation  or  public  institution,  or  any  officer  or  agent  thereof. 
be  in  anywise  interested  in  any  contract  for  the  sale  or  furnishing 
of  any  supplies,  or  materials  to  be  furnished  to  or  for  the  use  of  any 
corporation,  municipality  or  public  institution  of  which  he  shall  be 
a  member  or  officer,  or  for  which  he  shall  be  an  agent,  nor  directly 
nor  indirectly  interested  therein,  nor  receive  any  reward  or  gratuity 
from  any  person  interested  in  such  contract  or  sale;  and  any  person 


4!>7 

violating  these  provisions,  or  either  of  them,  shall  forfeil  his  member 
ship  in  such  (corporation),  municipality  or  institution,  and  his  office 
or  appointment  thereunder,  and  shall  be  held  guilty  <>f  a  misdemean 
or,  and  on  conviction  thereof  be  sentenced  t<>  pay  .1  tine  not  exceeding 
five  hundred  dollars:  (Provided,  that  nothing  in  this  section  con- 
tained, shall  prevent  ;i  vice  president  of  any  bank  from  being  a  di- 
rector of  such  hank,  or  of  receiving  a  salary  as  vice  president.! 

Sec.  66,  An   df  March  31,    L860,   I'.   L.  382. 

A  councilman  cannot  be  surety  mi  the  bond  of  the  citj  treasurer:  Com 
v.  Allen,  70  Pa.  Jfb'5.  But  a  county  commissioner  may  l»-  surety  on  Un- 
official bond  of  the  county  treasurer:  Com.  v.  Krickbwum,  199  Pa.  351.  The 
fact  that  one  auditor  is  surety  for  the  treasurer  whose  accounts  he  audits 
dues  not  impeach  the  settlement  :  Hamburg  Borough  v.  Doering,  8  D.  R. 
131. 

An    indictment    will   not   lie   against   a    borough  councilman   who  furnishes 
supplies   or   materials   to   the  borough,   unless   bo   is   a   member   of  some  cor 
poration    or  public  institution   which   is   interested   in   the  contract  with  the 
the  borough:   Com.   r.  Naylor,  8  Lack.   I..  X.  20. 

This  act  applies  to  a  c<  uncilman  who  is  a  stockholder  in  a  company 
that  has  a  contract  to  furnish  the  municipality  with  electric  lights,  and 
this  though  the  contract  was  made  with  the  company  of  which  the  council- 
man was  a  stockholder  and  secetary  previous  to  his  being  elected  to  council: 
Com.  v.  Be  Camp,  177  Pa.  112^ s.  c.  39  W .  N .  C .  69;  Corn.  v.  McAvoij.  9 
Kvlp  t68.  See  Appeal  of  Harrison  Township.  20  Pa.  C.  C.  ■'>',,  s.  C.  ',■'  P.  L. 
■I.    196. 

This  act  does  not  apply  to  officers  of  a  private  corporation :  Keystone 
Surgical  Supply  Co.  r.  Bute.  187  Pa.  £60.  And  trustees  of  an  insurance 
company,  one  of  whom  is  its  solicitor,  the  other  its  traveling  representative, 
neither  being  denominated  an  officer  by  its  by-laws,  are  not  within  this  section  : 
Com.    r.    Christian,    <)    I'hihl.    556 

The  manifest  intent  of  this  section  is  that  an  officer  of  a  municipality 
shall  not  make  any  contract  in  which  he  is  necessarily  interested  :  Appeal 
of  Harrison  Toicnship,  20  I'a.  C.  C.  54,  s.  e.  Jt5  P.  L.  J.  1<Jt>.  But  this 
financial  interest  must  be  established,  not  merely  alleged:  Clapper  v.  Greens- 
burg,  J,8  P.  L.  ■/.  112. 

A  contract  between  a  municipality  entered  into  through  its  councils,  and  a 
private  corporation,  some  of  whose  officers  and  stockholders  are  councilmen,  is 
void:  Kennett  Electric  Light  Company  v.  Kennett  Bq.  Borough,  /  I>.  R. 
707,  s.  c.  9   York  65;  6  Del.   229. 

A  borough  ordinance  providing  for  a  conn-act  with  a  water  company  for  a 
supply  of  water  to  the  borough,  enacted  when  a  majority  of  the  councilmen 
were  stockholders  in  the  water  company,  is  illegal  and  void  and  no  liability- 
can  be  enforced  thereon  ;  nor  will  the  fact  that,  for  several  years  afterward 
the  borough  used  and  paid  for  water  supplied  under  he  contract,  and  that  in 
some  of  those  years,  when  the  bills  were  passed,  less  than  a  majority,  or 
none  at  all,  of  the  councilmen  were  stockholders  of  the  wafer  company. 
constitute  a  ratification  of  such  contract:  Borough  oj  M'dford  v.  Milford 
Water    Co.,    12',    Pa.    610. 

The  words  "any  member  of  any  corporation"  refer  to  the  corporation  pur- 
chasing or  receiving  the  supplies  or  materials,  and  of  which  the  individual  is 
a  member,  an  officer  or  an  agent.      It    is   plainly  intended   to  prevent    anyone 

32 


408 

who  is  a  member,  officer  or  agent  of  any  corporation,  municipality  or  public 
institution  from  being  in  anywise  interested,  directly  or  indirectly,  in  the 
furnishing  of  supplies  or  materials  to  the  corporation,  municipality  or  public 
institution  with  which  he  is  officially  connected.  The  statute  intends  to  pro 
hibit  persons  frcm  occupying  a  posiion  in  which  they  will  be  virtually  con- 
tracting with  themselves,  so  that  a  councilman  who  is  co-owner,  with  his 
brother  of  a  quarry  and  joins  in  ratifying  by  councils,  of  a  contract  with  his 
brother  to  supply  the  municipality  with  stone  from  his  quarry,  may  be  con- 
victed cf  violating  this  section:     Com.  r.  Witman,  217  Pa.  Jfll. 

While  a  stockholder  and  the  secretary  of  a  water  company,  who  is  also  a 
member  of  a  borough  council,  is  disqualified  from  voting  on  an  ordinance 
for  the  supply  of  the  be  rough  with  water  by  said  company,  yet  the  ordinance 
is  not  rendered  invalid  if  it  appears  that  the  contract  is  legitimate,  and  that  a 
majority  of  the  members  of  the  council,  without  counting  such  member, 
voted  for  such  ordinance :  Marshall  v.  Elhvood  City  Borough,  189  Pa.  3J/8, 
s.  c.  43  W.  N.  C.  482;  Com.  v.  Naylor,  8  Lack.  L.  N.  20;  Crawford  r.  Borough 
of  Clifton  Heights.  8  Del.  313,  s.  c.  15  York  119. 

"Supplies"  and  "materials'"  include  horses,  wagons,  and  labor :  In  re  Hazle 
Township,  1  D.  R.  813,  s.  c.  6  Kulp.  491 ;  also  coal  and  wood  :  Wolford  v. 
School  Dist.  of  Upper  Salford,  4®  Super.  Ct.  1,  affirming  8  Just.  L.  R.  134, 
135. 

A  borough  cannot  enter  into  a  contract  for  sewer  supplies  with  a  borough 
officer:  Riebe  v.  Walton,  18  Pa.  C.  C.  289,  s.  c.  sub  nomine  Riebe  v.  Lans- 
ford  Borough,  5  D.  R.  551. 

The  fact  that  a  person,  while  a  member  of  the  town  council,  is  also  a 
member  of  a  firm,  which  in  the  usual  course  of  its  buisness  furnishes  certain 
supplies  for  ordinary  repairs  and  ordinary  use  in  a  department  of  the  borough, 
without  previous  contract,  is  not  sufficient  to  subject  such  councilman  to 
the  penal  provisions  of  this  section:  Com.  v.  Hilibish,  12  Pa.  C.  C.  25,  Cum. 
ex  ret.  v.  Sword,  63  P.  L.  J '.  L',5,  s.  c.  6  M.  L.  R.  201. 

This  act  does  not  apply  to  the  purchase  by  a  councilman  of  supplies  from  a 
corporation  without  the  knowledge  of  another  member  of  the  council  who 
was  treasurer  of  the  corporation :  Com.  v.  Swords,  6  M.  L.  R.  201,  s.  c.  63 
P.  L.  J.  145 ;  nor  does  it  extend  to  a  health  officer  so  as  to  prohibit  his  re- 
ceiving a  salary  from  a  municipality:  Snyder  r.  Brookrille  Boro.,  12  Just. 
L.  R.  234. 

A  councilman,  manager  and  stockholder  of  a  concern  furnishing  the  bor- 
ough with  supplies  is  removable  on  quo  warranto  under  this  section  :     Com.  v. 

Collins.    IS   I).    /,'.  S'l.i. 

This  statute  is  penal  and  must  be  strictly  construed.  Money  is  not  within 
its  letter,  and  certainly  is  not  within  its  spirit,  and  therefore  the  act  does  not 
apply  to  a  case  where  a  borough  council  authorizes  a  loan  on  a  bank,  and  a 
member  of  the  council  authorizing  such  loan  is  also  a  member  of  the  bank- 
ing institution  :      Long  r.  Lemoync  Boro.,  222  Pa.  311.  318. 

A  stockholder  of  a  gas  company,  who  is  also  superintendent,  which  com- 
pany furnishes  gas  to  a  borough,  is  disqualified  from  holding  office  under  this 
act  and  the  Act  of  May  28,  1907,  P.  L.  262:  Com.  ex.  rel.  v.  Layton,  59  P. 
L.  J.  488,  489,  a.  o.  S  M.  L.  B.  74. 

This  section  does  not  confine  the  interest  of  a  member  of  town  council  to  a 
money  or  pecuniary  interest  coming  directly  to  the  member  of  the  corporation, 
members  of  council  who  are  also  members  of  a  fire  company,  violate  the  act 
of  assembly,  if  they  enter  into  a  contract  between  the  borough  and  such  fire 
company  and  will  be  ousted  from  their  office  of  council :  Com.  ex.  rel.  Brown 
v.  Pfeil  et  dl.,  31  York  89,  s.  c.  13  Sch.  292,  3  Northum.  L.  J.  167. 


499 

One   financially    interested    in    a    public   service   oorporation   of   a    mtuuei- 
palitj   cannot  remain  a  member  of  the  school  board  during  the  life  of  a  <v>n 
tract    of   said   corporation    to    support    schools    with    its    product:     Com.    v. 
House,-,  in  Luz.  887. 

A  contract  made  by  the  supervisors  of  a  township  of  the  second  class  fur 
lighting  village  Streets  will  be  void  if  one  of  the  supervisors  is  a  stockholder 
in  the  electric  company,  with  which  tin  contract  is  made,  since  a  township 
is  a  municipality  and  included  within  the  terms  of  the  act:  Dreese  et  al.  u. 
Beaver  Township  Supervisors,  et  al.  !',  I).  /.'.  586,  s.  c.  ',2  Pa.  C.  C.  2',:. 

A  councilman  employed  by  a  water  company  furnishing  water  to  a  borough 
tinder  contract,  on  which  he  never  voted'or  with  which  he  was  never  concern- 
ed, cannot  be  removed  l»y  quo  warranto  under  this  act:  Com.  v.  Wineman, 
21  D.  R.  911;  s.  c.  1  West  288,  ',  M.  h.  R.  .(/. 

This  section  ai  d  the  Ad  of  May  28,  1907.  I'.  I..  2G2,  do  not  contravene 
Art.  <i.  Sec.  A.  of  the  constitution,  and  quo  warranto  is  the  prcper  proceeding 
to  declare  the  office  of  councilman  forfeited:  < 'om.  v.  I. unlet).  IS  I).  R. 
716,  8.  c  85  Pa.  C.  C.  681. 

'I  ne  furnishing  by  a  borough  councilman  of  teams  and  drivers  for  the 
]iuoi.c  work  cf  the  borough  and  receiving  compensation  therefor  is  furnishing 
supplies  and  cause  for  removal  upon  quo  warranto:  Com.  e.r  rel.  v.  Cloud. 
19  I).  /,'.  299,  s.  o.  >.  M.  /..  /.*.  8,  36  Pa.  C.  C.  190. 

(>n  a  quo  warranto  the  court  will  give  judgment  of  ouster  against  an  of- 
fending councilman,  under  this  section,  without  a  previous  conviction  on  an 
indictment :     Com.  v.  Allen,  10  Pa.  465. 

A  councilman  who  is  surety  on  the  bond  of  the  city  treasurer  will  be 
ousted  on  quo  warranto  :  Com.  v.  Allen.  Id  Pa.  4-65;  and  so  will  a  councilman 
who  is  a  stockholder  in  and  secretary  of  a  corpcration  which  had  a  contract 
for  furnishing  the  city  with  electric  lights:     Com.  v.  Dei'amp,  111  Pa.  112. 

As  no  member  of  a  governing  body  may  vote  on  any  question  involving  his 
own  character  or  conduct,  his  right  as  a  member  or  his  pecuniary  interest,  if 
that  be  immediate,  particular  and  distinct  from  the  public  interest,  a  member 
of  a  borough  council  is  disqualified  from  voting  for  a  resolution  accepting 
his  resignation  from  the  council.  If  elected  water  superintendent  of  the 
borough  after  such  resignation  he  will  be  ousted  on  quo  warranto:  Com.  v. 
Raudenbush,  21,9  Pa.  86. 

One  who  is  a  stockholder  in  a  corporation  holding  a  contract  with  a 
borough  at  the  time  of  his  election  as  councilman  thereof  who  bona  fide  parts 
with  his  stock  before  taking  his  seat  as  a  member  of  council  does  not  forfeit 
his  right  to  the  office:     Com.  ex  rel.  Gust  v.  Kelly,  255  Pa.  1)15. 

A  borough  engineer  is  an  agent  of  the  municipality  and  a  contract  between 
him  and  the  borough  for  paving  one  of  its  streets  is  void,  and  the  borough 
cannot  collect  any  of  the  expenses  thereof  from  the  abutting  property  owners: 
McAdoo  Borough  v.  Daily,  18  M  L.  R.  11,  s.  c.  11  Soh.   126. 

This  section  does  not  prohibit  the  township  supervisi  rs  from  employing 
the  teams  of  a  road  boss  in  repairing  township  roads:  Wood,  et  al.,  v. 
Winslow  Township,  26  P.  R.  515  •  But  compensation  for  such  services  cannot 

* 

be  collected  unless  expressly  authorized  by  the  supervisors:      Andrus  v.  Ship- 
pen  Township,  36  Super.  Ct.  22,  rev.  34  Pa.  C.  C.  312,  6  Just.  L.  R.  103. 

This  section  applies  to  township  supervisors  and  forbids  the  employment 
of  their  own  teams  and  children  to  their  owYi  profit  upon  the  roads  of  their 
township:  Core's  Case,  11  Pa.  C.  C.  639:  Cameron  Township  Auditor's 
Report,  25  D.  R.  211:  Versailles  Township  Auditor's  Report.  ?.?  D.  R.  181. 
s.    e.    61    I'.    I..    •/.     ',91. 


500 

A  township  supervisor  may  employ  his  minor  sou  to  work  on  the  township 
highway,  provided  the  sou  is  fully  emancipated  nud  his  t'other  has  no  in- 
terest whatsoever  in  the  proceeds  of  the  son's  labor:  Mitch-ell  v.  Berlin 
Township,  28  D.  If.  90S. 

L'KtT.     Any  person  who  shall  contract  for  the  sale,  or  sell  any  sup 
plies  or  materials  as  aforesaid,  and  shall  cause  to  be  interested  in  any 
such  contract  or  sale,  any  member,  officer  or  agent,  of  any  corpora 
tion,  municipality  or  institution  or  give  or  otter  to  give  any  such  per 
son  any  reward  or  gratuity,  to  influence  him  or  them  in  the  discharge 
of  their  official  duties,  shall  not  be  capable  of  recovering  any  thin" 
upon  any  contract  or  sale,  in  relation  to  which  he  may  have  so  prae 
ticed  or  attempted  to  practice  corruptly,  but  the  same  shall  be  void, 
and  such  party  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  be  sentenced  to  pay  a  fine  not  exceeding  five  hundred  dollars. 

Sec.  67,  Act  of  March  31,  18(50,  I'.  I>.  382. 

(d)     Offenses  Against  the   Currency. 

2138.  If  any  officer  of  any  municipal  or  other  corporation,  not 
authorized  by  law  shall  be  instrumental  in,  or  shall  consent  to  or 
connive  at  the  making  or  issuing  of  any  note,  bill,  check,  ticket  or 
order,  intended  to  be  used  as  currency,  he  shall  be  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  be  sentenced  to  pay  a  fine  not 
exceeding  one  thousand  dollars  for  each  offense,  and  to- undergo  an 
imprisonment  not  exceeding  six  months. 

See.  68,  Act  of  March  31,  1860,  I'.  L.  38U. 

(e)     Public  Accounts. 

2131).  If  any  person,  being  an  officer,  director,  superintendent, 
manager,  receiver,  employe,  agent,  attorney,  broker,  or  member  of  any 
body  corporate  or  public  company,  or  municipal  or  quasi  municipal 
corporation,  shall  as  such  receive  or  possess  himself  of  any  money  or 
other  property  of  such  corporate  or  public  company,  municipal  or 
quasi  municipal  corporation,  otherwise  than  in  payment  to  him  of  a 
just  debt  or  demand,  and  shall  with  intent  to  defraud,  omit  to  make 
or  cause  or  direct  to  be  made,  a  full  and  true  entry  thereof  in  the 
books  and  accounts  of  such  body  corporate,  public  company,  munici 
pal  or  quasi  municipal  corporation,  he  shall  be  guilty  of  a  mis 
demeanor. 

Sec.  117.  Act  of  March  31,  1860,  P.  L.  382,  as  amended  by  Sec.  2,  Act  of 
June  12.  1878,  P.  L.  lfff>. 

'Phis  section  and  the  other  sections  of  this  act.  amending  the  Act  of  I860. 
are  nor  unconstituticnal  because  they  recite  sections  only  as  amended:  Com. 
r.  Bamberger  No.  1,  33  Lane.  L.  R.  65,  s.  c.  25  D .  R.  652:  Com.  v. 
Flecker,  11  Pa,  C.  C.  611,  s.  c.  8  Eulp,  225. 


501 

For  penalty  provided  for  violation  of  this  section  and  for  time  within  which 
.iction  musi  ho  brought  hereunder,  see  sections  2142  and  2143. 

2140.  If  any  officer,  director,  superintendent,  manager,  receiver, 
employe,  agent,  attorney,  broker,  or  member  of  any  bank  or  other 
body  corporate,  or  public  company,  municipal,  or  quasi  municipal  cor 
poration,  shall,  with  intent  to  defraud,  destroy,  alter,  mutilate  or  t'al 
sify  any  of  the  boohs,  papers,  writings  or  securities  belonging  to  the 
hank,  body  corporate  or  public  company,  municipal  or  quasi  munici- 
pal corporation,  of  which  he  is  a  director,  officer,  superintendent, 
manager,  receiver,  employe,  agent,  attorney,  broker  or  member,  or 
shall  make  or  concur  in  f  lie  making  of  any  false  entry  or  any  material 
omission  in  any  book  of  accounts  or  other  document,  he  shall  be  guilty 
of  a  misdemeanor. 

Sec.  118,  An  of  March  31,  1860,  P.  L.  382,  as  amended  by  Sec.  •">.  Acl  of 
June    1U.    1878,    P.    L.    1!i<;. 

For  penalty  provided  for  violation  of  and  for  time  which  afttii  n  must  be 
brought    under  this  section,  see  Sections  21-12  and  2143. 

(f)      False  Statements. 

2141.  If  any  officer,  director,  superintendent,  manager,  receiver, 
employe,  agent,  attorney,  broker,  or  member  of  any  bank  or  other 
body  corporate,  or  public  company,  municipal  or  quasi  municipal 
corporation,  shall  make,  circulate  or  publish,  or  concur  in  making, 
circulating  or  publishing,  any  written  or  printed  statement  or  ac 
count,  which  he  shall  know  to  be  false  in  any  particular,  with  intent 
to  deceive  or  defraud  any  member,  shareholder  or  creditor  of  such 
hody  corporate  or  public  company,  municipal  or  quasi  municipal  cor 
poration,  or  with  intent  to  induce  any  person  to  become  a  share- 
holder or  partner  therein,  or  to  interest  or  advance  any  money  or 
property  to  such  body  corporate  or  public  company,  or  to  enter  into 
any  security  for  the  benefit  thereof,  shall  be  guilty  of  a  misdemeanor. 

Sec.  11".).  Act  of  March  31,  I860,  I'.  I..  382,  as  amended  by  Sec.  4.  Act  of 
Juno  12.  1878,   P.   L.  196. 

2142.  Every  person  found  guilty  of  a  misdemeanor  under  any  or 
cither  of  the  preceding  sections  of  this  title,  wherein  the  nature  and 
extent  of  the  punishment  is  not  specified,  shall  be  sentenced  to  pay 
a  fine  not  exceeding  one  thousand  dollars,  and  to  undergo  an  im 
prisonment  by  separate  or  solitary  confinement  at  Labor  not  exceed- 
ing six  years. 

8e<_-.  ."..  Act  of  .In  in-  12,   ISTS.  P.  L.   196. 

2143.  Indictments    for   misdemeanors   committed    by   any    officor. 
director,  receiver,  superintendent,  manager,  hroker,  attorney,  agent. 


502 

employe  or  member  of  any  baiik,  body  corporate  or  public  company, 
municipal  or  quasi  municipal  corporation,  may  be  commenced  and 
prosecuted  at  any  time  within  four  years  from  the  time  the  alleged 
offense  shall  have  been  committed. 

Sec.  6,  Act  of  June  12,  1878,  P.  L.  196. 

The  limitation  period  is  fixed  by  the  act  under  which  the  indictment  is 
found:  Con,  r.  Steal,  59  Super.  Ct.  J/85 ;  Com.  v.  Schering,  61  Super.  Ct. 
261. 

Where  the  statute  under  which  the  prosecution  is  brought  requires  a  de- 
mand, it  is  an  actual  and  not  a  constructive  "demand  and  the  statute  of  limi- 
tations begins  to  run  from  the  date  that  the  demand  was  made:  Com.  r. 
Shoener,  216  Pa.  11,  affirming  30  Super.  Ct.  821. 

An  indictment  commenced  and  prosecuted  :it  any  time  within  four  years 
from  the  time  the  alleged  offense  was  committed  is  within  the  statutory  limita- 
tion:     Com.  v.  Clevenstine,  66  Super.  Ct.  125:  Culp  v.  Com.,  109  Pa.  868. 

The  limitation  of  four  years  prescribed  in  this  section  does  not  apply  to 
the  prosecution  of  any  attorney-at-law  for  misappr<  priation  of  moneys 
entrusted  to  his  care:  Com.  v.  Bretz,  28  D.  R.  918,  s.  c.  1919  Dauphin  2.9» 
67  P.  L.  J.  153. 

(g)     Use  of  Township  Lockups. 

2144.  Sheriffs,  constables,  members  of  tbe  State  constabulary,  or 
other  persons  authorized  by  the  laws  of  this  Commonwealth  to  make 
arrests,  hereafter  shall  have  the  use,  for  a  period  not  to  exceed  forty- 
eight  hours,  of  borough  and  township  lockups  and  city  or  county  pris- 
ons, for  the  detention  of  prisoners  until  they  can  be  dispose*  1  of  ac- 
cording to  law,  if  found  necessary  by  the  officer  in  charge. 

See.  1,  Act  of  April  23,  1909,  P.  L.  141. 

2145.  Boroughs,  cities,  and  townships  shall  be  entitled  to  receive 
a  compensation  of  fifty  cents  per  day,  of  twenty-four  hours,  for  each 
prisoner  so  incarcerated,  from  the  treasury  of  the  comity  having 
jurisdiction  over  the  prisoner. 

Sec.  2,  Act  of  April  23,  1909,  P.  L.  141 . 

Under  this  act  the  expense  of  maintaining  prisoners  confined  in  city, 
borough  or  township  leck-ups  for  forty-eight  hours,  charged  with  statutory 
offenses  must  he  borne  by  the  county,  but  there  is  no  liability  for  those 
charged  with  violation  of  municipal  ordinances:  McKccsport  v.  Allegheny 
County,  21  D.  R.  326,  s.  c.  60  P.  L.  J.  2J,8. 

(h)     Maintenance  of  Prisoners. 

2146.  Hereafter  when  a  prisoner  shall  be  committed  to  any  county 
jail  or  prison  in  this  Commonwealth,  either  for  the  nonpayment  of  a 
fine  or  penalty  for  the  violation  of  any  city  or  borough  ordinance,  or 
any  ordinance  of  a  township  of  the  first  class,  or  while  awaiting  a 


503 

hearing  upon  any  charge  for  the  violation  of  any  city  or  borough 
ordinance,  or  any  ordinance  of  a  township  of  the  first  class,  the  costs 
of  proceedings  and  the  expenses  of  maintaining  such  prisoner  during 
his  confinement  by  virtue  of  any  such  commitment,  shall  he  borne  and 
paid  by  the  city,  borough,  or  township  of  the  first  class  whose  ordi- 
nances were  alleged  to  have  been  violated,  or  to  which  any  such  fines 
or  penalties  are  payable;  and  the  county  in  which  such  city,  borough 
or  township  of  the  first  class  is  located  shall  not  be  liable  to  the 
sheriff  for  any  such  maintenance,  or  to  any  officer,  magistrate,  or 
person  for  any  costs  of  such  proceedings. 

Sec.  1,  Act  of  June  7,  1911.  P.  L.  677.  This  act  supplies  the  Act  of  March 
28,   1905,  P.  L.  61. 

Under  the  Act  of  1905.  P.  L.  61,  it  was  held  that  the  <-ity  was  not  liable 
for  the  sheriff's  fees  for  commitment  and  discharge  of  such  prisoners  as  are 
included  within  th<>  provisions  of  the  act  :  Manifold  v.  City  of  York,  15  D.  R. 
101 :  t9  York  85;  See  Sedunck  v.  Erie  Co.,  7  Just.  L.  R.  218. 

The  Act  <>(  March  28,  1905,  P.  L.  61,  repeals  the  local  Act  of  March  28, 
1870,  P.  L.  619,  Sec.  30,  relating  to  the  maintenance  of  prisoners  in  the 
prison  of  Clinton  County:  Mussina  v.  Clinton  ('<<.,  35  Pa.  C.  C.  155,  s.  c. 
77  D.  R.  t09S. 

The  Act  of  March  28,  1905,  P.  L.  61,  applies  to  Lehigh  County,  not  with- 
standing its  special  Act  of  April  6,  1869,  P.  L.  716;  it  is  a  general  act  and 
applies  not  merely  to  counties  wL're  the  sheriff  has  charge*  of  the  prisoners 
in  the  county  jail.  "The  expense  cf  maintining,"  as  used  in  the  act  means 
only  the  board  of  prisoners,  and  not  everything  that  is  required  for  their 
support  including  room,  clothing,  bed,  food  and  fuel:  County  of  Lehigh  r. 
City  of  AUcnUnvn,  4  Leh.  176. 


CHAPTER  L. 

BUREAU   OF   MUNICIPALITIES. 

2147.  The  Secretary  of  Internal  Affairs  shall  establish  in  the  said 
Department  of  Internal  Affairs  a  Bureau  of  Municipalities.  The  said 
Bureau  shall  gather,  classify,  index,  make  available,  and  disseminate 
data,  statistical  information,  and  advice  that  may  be  helpful  in  im- 
proving the  methods  of  administration  and  municipal  development  in 
the  several  municipalities  of  the  Commonwealth;  and  shall  maintain. 
for  the  benefit  of  the  municipalities,  a  publicity  service  to  install  or 
assist  in  the  installation  and  establishment  of  modern  systems  of  ac- 
counting in  the  various  municipalities  of  the  State,  and  in  order  to 
promote  a  comprehensive  plan  or  series  of  plans  for  the  probable  fu- 
ture requirements  of  cities,  boroughs,  or  townships  of  the  Common- 
wealth, either  separately  or  jointly,  in  respect  to  a  system  of  traffic 
thoroughfares  and  other  highways  or  main  highways,  transportation 
of  every  sort,  suitably,  coordinated  site*  for  public  buildings,  parks. 


504 

parkways,  playgrounds,  and  other  public  uses,  the  preservation  of 
natural  and  historic  features,  and  any  and  all  public  improvements 
tending  to  the  advantage  of  municipalities  or  townships  affected, 
tending  to  their  advantage  as  a  place  of  business  and  residence,  and 
to  either  make  or  secure  or  assist  in  making  or  securing  the  neces- 
sary surveys,  plans,  and  information. 

Sec.  1.  A.i  of  April  4,  1919,  P.  L.  45. 

2148.  The  Secretary  of  Internal  Affairs  is  hereby  authorized  to  em- 
ploy a  Chief  of  Bureau  of  Municipalities,  who  in  his  judgment  shall 
be  qualified  to  perform  the  duties  herein  described.  He  is  also  autho- 
rized to  employ  such  engineering,  accounting,  clerical,  stenographic, 
and  other  expert  service,  relating  to  the  gathering  of  information, 
its  distribution  and  publication  and  other  duties  incident  to  the  pur- 
pose of  the  Bureau,  or  transfer  to  such  duties  in  this  bureau  as  he 
may  find  advisable  the  work  and  services  of  other  bureaus  or  of 
others  employed  in  the  Department.  The  salaries  of  the  employes 
appointed  under  the  provisions  of  this  act  shall  be  fixed  by  the  Sec- 
retary of  Internal  Affairs,  and  shall  be  paid  from  the  funds  appro- 
priated to  the  said  Department  of  Internal  Affairs. 

Sec.  2,  Act  of  April  4,  1019,  P.  L.  45. 

2149.  It  is  hereby  made  the  duty  of  every  city,  borough,  township, 
or  county  official,  to  furnish  such  information  as  may  be  requested 
by  the  Chief  of  the  Bureau  of  Municipalities  or  his  duly  authorized 
deputy. 

Sec.  3,  Act  of  April  4,  1910.  P.  L.  45. 

It  is  the  duty  of  city  and  borough  officials  to  furnish  any  information  re- 
quested of  them  under  this  section  for  which  services  they  are  entitled  to  no 
ci  mpensation,  hut  such  <lut.\  is  not  imposed  upon  any  official  other  than  these 
expressly  designated:  In  re  Bureau  of  Mini.  Opinion  of  Emerson  Collins 
l>pp.  Ally.  Gen.,   '/  Dep.  Rep.  767. 


CHRONOLOGICAL  TABLE  OF  STATUTES. 

Constitution  of  Pennsylvania  Section 

Art.       IX    Sec        10 1648 

Sec.        15 1641 

Sec.       15 1654 

Art.     XII    Sec.         2,   1530 

Art.      XV    Sec.          2 1642 

1705,  1  Sm.  L.  70                                                Sec.         1 1982 

S.c.         2 L98'3 

Sec.        3 1984 

Sec.               1 1985 

1T_T..    Angus)    11,1    Sm.   L.    1l'„S                         S.c          2 1920 


1720. 

Maj 

to, 

1  Sin.  L 

1802. 

April 

'•>.  p. 

1..  17* 

1804, 

April 

::,  P. 

i„  ;.i7 

1X07. 

April 

L3,  P 

.  i..  286 

.Mir, 


Sec.        :: 1921 

76  See.         1 1986 

Sec.         8 1586 

Sec.        6 ir.^7 

Sec.  2 1!)71 

Sec.        :; 1972 

Sec.        4 107:; 

Sec.         5,   1977 

Sec.         0 197s 

Sec.         7 1!»7!) 

L819,  March  5,  P.  L.  87  Sec.         L' 1974 

Sec.        3 1975 

183 1.  April  15,  P.  I..  509  See.       36,   1551 

Sec.  ::t inn- 
Sec.       .",8 1553 

See.       41,    1579 

Sec.       44,    1562 

See.       40 1 :■» 

Sec.       50 ' 1589 

Sec.       51 1567 

1834,  April  15,  P.  L.  537  Sec.       87 1f,44 

1836,  June  13,   P.   L.  551  Sec.         1,   (Amended)    1726 

See.  2 M:W, 

Sec.         3, 1739 

Sec.         4 1745 

Sec.         5,   (Amended)    1746 

Sec.         7,    1747 

Sec.         8,   1749 

Sec.         9,   1752 

Sec.       11.   (Amended )    1768 

Sec.       12 170s 

Sec       13 1770 

Sec.       14 1772 

Sec        15 177:: 

Sec.       10 1774 

Sec.       17 177.". 

Sec.       18 1777 

Sec.        19 177S 

Sec.        20 1781 

Sec.        21 1782 

S.-c.       22 1783 

Sec.       23 1784 

.     Sec.       24 178H 

Sec.       25 1758 

Sec.       2t; 1727 

Sec.       ::."..   (Ami  nded)    1883 

Sec.       37 1887 

Sec.       38 1888 

s.-c.       is 1Q16 

Sec.        lit 1917 

See.  .-,<) 1!HS 

Sec.        51 1730 


5<i<; 


1840,  Jan.-  L3,  P.  L.  683 

1840,  May  29,  P.  L.  749 

1841,  May  27,  P.  L.  400 

1842,  March  11,  P.  L.  62 


1842.  April     5,  P.  L.  230 


1844,  April  29,  P.  L.  486 
1846,  April  21,  P.  L.  416 
1846,  April  22,  P.  L.  486 
1848,  March  30,  P.  L.  308 

1848,  April  11,  P.  L.  517 

1849,  April     5,  P.  L.  397 

1850,  April  25.  P.  L.  569 

1855,  May  3,  P.  L.  422 

1856,  April  21,  P.  L.  477 
1858,  March  5,  P.  L.  78 
1860,  March  31,  P.  L.  382 


1862,  March  22,  P.  L.  164 

1864,  April  30,  P.  L.  218 

1867,  March  26,  P.  L.  45 

1868,  April  6,  P.  L.  67 

1869,  April  15,  P.  L.  46 
1873.  May  1.  P.  L.  87 


K*ci  ion 

Sec.   52 1737 

Sec.   53,  1734 

Sec.   54 1759 

Sec.   55 1751 

Sec.   57 1771 

Sec.   58 1731 

Sec.   59 1741 

Sec.   60 1760 

Sec.    2 1531 

Sec.    1 1753 

Sec.    8 1580 

Sec    1 1963 

Sec    2 1904 

Sec.    3 1965 

Sec.    4 1966 

Sec.    •", 1967 

Sec.    t> 1968 

Sec.    7 1969 

Sec.    8 1970 

Sec.    7 1815 

Sec.    8 1816 

Sec.    9 1817 

Sec.   42 '. 1667 

Sec.    1 1780 

Sec.   21,  1563 

Sec.    1,  1776 

Sec.    3 1590 

Sec.    1 1736 

Sec.   22 1534 

Sec.   31 1596 

Sec.    1.  ,m 1779 

Sec.    3,  ." 1593 

Sec.    1, 1976 

Sec.   62 2131 

Sec.   63 2132 

Sec.   65,  2133 

Sec.   66,  2136 

Sec.   67,  2137 

See.   68,  2138 

Sec.  116,  (Amended)  2135 

Sec.  117,  (Amended )  2139 

Sec  118,  (Amended)  2140 

Sec.  119.  (Amended)  2141 

Sofl.    1,  (Amended)  1987 

Sec.    2,  (Amended)  1988 

Sec.    4,  (Amended)  1666 

Sec.    1 1568 

Sec.    2 1569 

Sec.    1 1931 

Sec.    1 1886 

Sec.    1.  (Amended)  1669 


507 


1874.  April  20,   P.  L.  65 


1874,  May  14,  P.  L.  164 

1874,  May  23,   P.   L.   222 

1875,  April  12,  P.  L.  46 

1876,  April  28,   P.   L.  51 


1876,  May    5,  P.  L.  112 

1876,  May     8,  P.  L.  128 
1876,  May     8.  P.  L.  145 

1878,  May  25.   P.   L.  150,  No.  190 
1878,  May  25,  1'.  L.  150.  No.  191 
1878,  June  12,  P.  L.  196 


1879.  May  2.  P.  L.  47 
1879,  June  11,  P.  L.  146 

1881,  April  14.  P.  L.  10 
1881,  June  10,   P.  L.  105 
1885.  April  24.  P.  L.  9 

1885,  Juno  3,  P.  L.  72.  No.  45 
1885,  June  25,  P.  L.  168 
1885,  June  25,  P  L.  187 


1887,  May  23,   P.  L.  178 
1887,  May  23,   P.  L.  180 
1S87,  June    6.  P.  L.  363 
1889.  April  26.  P.  L.  64 

1889,  May  8,  P.  L.  136 
1891.  April  1").  P.  L.  17 


.V.         I' • 1670 

Sec,        :•! i«7i 

Sec.         4* 1672 

Sec.  1 1644 

Sec.         2,   (Amended)    164B 

Sec.         3.    (Amended)    1646 

Sec.         4.   (Amended)    1*347 

Sec.         5, 1652 

Sec.         •  ',.   (Amended)    1653 

Sec         7 1658 

Sec.        1 17::s 

Sec.         1 1673 

Sec.         1 1653 

Sec.         1.'  (Amended)    LS.'L' 

Sec.  2 1853 

Sec.         4,    1854 

Sec.         5 1855 

Sec.         1 1889 

Sec.         L' 1890 

Sec.         1,   1660 

Sec.         1 1761 

Sec.         2 1762 

Sec.         1 1807 

Sec.         1 1560 

Sec         1,   2135 

Sec.         2 2139 

Sec.         3 2140 

Sec.         4 2141 

Sec.         5,    2142 

Sec.  <; 2143 

Sec.         1 1669 

Sec.         1.   (Amended)    1911 

Sec.         2 1913 

Sec.  1.    (Amended)    1661 

Sec.         1 1763 

Sec.         1 1987 

Sec.        :: 1989 

See.  1 2134 

Sec.         1 1852 

Sec.         4 1561 

Sec.         5 1564 

Sec.         6 1565 

Sec.         8 1566 

Sec.       10,   1578 

Sec.       12 1594 

Sec.         1 1574 

Sec.         1 1764 

Sec.         1 1595 

Sec.         1 1880 

Sec.         J % 1981 

Sec.         1 1732 

Sec.         1 1754 

Se*\        i' 1 7r,r, 


508 


1891.  M.i.x  23,  P.  I..  109 
1801.  May  26,  P.  L.  1  1H 

1891,  .rune  !>,   P.   I,.  252 
1895,  April  is,  I'.  L.  30 
181)5,  May  22,  1*.  L.  Ill 
1895,  June  18,  P.  L.  203 
1895,  June  25,  P.  L.  209 

1895,  Jump  125,  P.  L.  200 

1895,  June  20,  P.  L.  336 
1895,  June  28,  P.  L.  408 
1897,  April  13,  P.  L.  17 
1897,  May  5,  P.  L.  39 
1897,  May  11,  P.  L.  53 
1897,  May  19,  P.  L.  77 
1897,  May  20,  P.  L.  108 


L897,  June  7,  P.  L.  135 
1897,  July  9,  P.  L.  242 
1897,  July  14,  P.  L.  200 


1899,  March  1,  P.  L.  0 
1899,  May  2,  P.  L.  103 

1899,  May  2,  P.  L.  170 
1901,  April     4,  P.  L.  05 
1901,  April  19,  P.  L.  81 
1901,  April  19,  P.  L.  82 


1001.  May  1,  P.  I..  110 


1901,  May  2,  P.  L.  Ill 


1001,  May  21,  P.  L.  208 
1001,  June  4,  P.  L.  304 


Sec.    1 171* 

So,-.    1 175ii 

Sec.    -2 1757 

Sec.    1.  (  Amended)  1040 

Sec.    1 1047 

Sec    1,  1585 

Sec.   20,  (Amended)  1533 

Sec.    1,  2005 

Sec.    2 2000 

See.     1 1570 

Sec.    4 1571 

Sec.    1.  (Amended)  1802 

Sec.    2.  (Amended)  1674 

Sec.    1,  (Amended)  1045 

Sec.    1,  1540 

Sec.    1 1047 

Sec.    1,  2098 

Sec.    1 1504 

Sec.    2,  1505 

Sec.    3,  1500 

Sec.    4,  1507 

Sec.    1, 1583 

Sec.    2 1584 

Sec.    1, 1572 

Sec.    2 1573 

Sec.    1,  1514 

Sec.    2,  1515 

Sec.    3,  1510 

Sec.    1 1001 

Sec.    1 1959 

Sec.    2 1900 

Sec.    1 1728 

Sec.    1 1708 

Sec    1 1592 

Sec.    1.  (Amended)  1932 

Sec.    2 193:5 

Sec.    ::,  (Amended)  1934 

Sec.    1 1793 

Sec.    2,  1794 

Sec.    1,  2128 

Sec.    2,  2120 

Sec.    3,  2130 

Sec.    1 1014 

Sec.    1 1678 

Sec.  1,  (Amended)  1070,  1680,  1081. 
1082 

Sec.    3,  1683 

Sec.    4.  (Amended) 1084 

Sec.    5.  (Amended)  1085 

Sec.    8 1080 

Sec.    0 1687 


509 


IHOI.  June  4.  P.  L.  364, 


1901.  July  2,  P.  L.  607 


I'.JOl,  July  2,   P.  L.  610 


1003,  March  IS.  P.  L.  28 
too:;.  March  26,  P.  L.  63 
1903,  March  27.  P.  L.  83 

1903,  April  3.  P.  L.  138 
1903,  April  3,  P.  L.  152 
1903,  April  23.  P.  L.  284 


1903,  April  27,  P.  L.  323 


Section 
Sec.        10,    i  A uded)    1688 

Sen.  11 1680 

Sec.       12,   (Amended)    1691 

Sec.       13,   (Amended)    JL692 

Sec.       14 1693 

Sec.       15 1694 

Sec.       L6 1695 

Sec.       17,   (Amended)    1696 

Sec.       18,   (Amended)    1697 

Sec.       19,   1698 

Sec.        20,    (Amended)    1699 

Sec.       21,   1700 

Sec.       22,    (Amended)    1701 

Sec.       23 1702 

Sec.      24 1703 

Sec.       25,     1704 

Sec.       26,   (Amended)    1705 

Sec.       27 1706 

Sec.       28,   1707 

Sec.       29,   1708 

Sec.       30,   (Amended)    1709 

See.       31 1710 

Sec.        32,    (Amended)    1711 

Sec.       33 1712 

Sec.       34. 1713 

Sec.       35 1714 

Sec.       36 L715 

Sec        37.    (Amended)    1710 

Sec.       38 1717 

Sec.       39 171^ 

Sec.       40 1719 

Sec.       41.    (Amended)    1720 

Sec.         1,   (Amended)    L765 

Sec.         2 1766 

Sec.         3 1707 

Sec.         1 1597 

Sec.         2 1598 

Sec.         - 1599 

Sec.         4 1600 

See.       •      5 1601 

Sec.         0 1602 

Sec.         7 1603 

Sec.  1 1740 

Sec.         1 1720 

Sec.  1 1741 

Sec.  2 174U 

Sec.         1.    1533 

Sec.         1 1705 

See.         1 1535 

Sec.         2 1536 

Se<\         3 1537 

Sec.         1 1912 


510 


1905.  Mai-eli  24.  P.  L.  50 
1005.  March  29.  P.  L.  6!) 
1905,  March  SO,  P.  L.  81 
1905,  April     8,  P.  L.  118 

1905,  April  14,  P..L.  350 
1905,  April  14,  P.  L.  162 

1905,  April  17,  P.  L.  183 


L905,  April  20,  P.  L.  227 
1905,  April  20,  P.  L.  230 

1905,  April  20,  P.  L.  237 
1905,  April  22,  P.  L.  296 


U>U7,  April  4,  P.  L.  40 
1907,  April  25,  P.  L.  104 
1907,  May  28.  P.  L.  270 

L907,  June  1,  P.  L.  372 
1907,  June     7.  I'.  L.  444 


1907.  June  12,  P.  L.  523 
1909,  March  25,  P.  L.  78 
1009,  April  23,  P.  L.  141 

1909,  April  23,  P.  L.  171 

1!M>9,  April  27,  P.  L.  201 

1009,  April  29,  P.  L.  275 

1909,  May  1,   P.   L.  307 


1909,  May  1,  P.  L.  817 

1009.  May  0.  P.  L.  452 

1900,  May  8,  I'.  L.  494 

1909,  May  11,  P.  L.  510 


See.  1 1885 

Sec.  1  1728 

Sec.  1 1015 

Sec.  1,  1604 

Ses.  2 1605 

Sec.  1 2011 

Sec.  1 1961 

Sec.  2 1962 

Sec  1,  (Amended)  2105 

Sec  2,  2106 

Sec.  •'!,  (Amended)  2107 

•Sec.  1 2108 

Sec.  5 2109 

Sec  0,  (Amended)  2110 

Sec.  1 2099 

Sec.  1 1541 

Sor.  2 1538 

Sec.  1,  (Amen. led)  1818 

Sec.  1,  2124 

Sec.  2,  2125 

Sec.  8 2126 

Sec.  4 .' 2127 

Sec  1.  (Amended)  1676 

Sec.  1 1818 

Sec.  1 2009 

Sec.  2 2010 

Sec.  1,  1790 

Sec.  1 1780 

Sec.  2,  1787 

Sec.  3,  1788 

Sec.  4,  1789 

Sec.  5,  1790 

Sec.  1,  1888 

Sec.  1 1670 

Sec.  1,  2144 

Sec.  2,  2145 

Sec.  1,  1850 

Sec.  2 1857 

Sec.  1 1829 

Sec.  2,  1830 

Sec.  2,  (Amended)  3517 

Sec.  3 1548 

Sec.  4,  1549 

Sec.  1,  2093 

Sec.  2,  2094 

Sec.  3,  2095 

Sec.  4,  2090 

Sec.  5,  2097 

Sec.  1 1646 

Sec.  1 1090 

Sec.  2 1007 

Sec.  1 1884 

Sec.  1 2100 

Sec.    2 2101 


511 


1900,  May  11,  1*.  L.  51« 

1900,  Maj  13,  J'.  L.  527 
L909,  July  8,  P.  L.  701 

LOU,  March  30,  P.  L.  30 

1911,  March  30,  P.  L.  38 

L911,  April  11,  P.  L.  95 
1911,  May  11,  P.  L.  236 
1911,  May  11.  P.  L.  244 


1911,  May  18,  P.  L.  300 
1911,  May  31.  P.  L.  468 


101  I.  June     7,  P.  L.  677 
1911,  June     9,  P  L.  733 


1911,  June    9,  P.  L.  742 
1911,  June  10,  P.  L.  867 
1911,  June  15,  P.  L.  970 
1911,  June  20,  P.  L.  1076 
1911,  June  21,  P.  L.  1111 


1913,  May     1,  P.  L.  153 


L913,   May  20,  P.  L.  264 


Section 

Sec.         8 2102 

Sec.         4 2103 

Sec.         5 2104 

Sec.         1 1802 

Sec.         1 1909 

Sec.         2 1910 

Sec.         1 1791 

Sec.         2 1792 

Sec.        1 1581 

Sec.         2 1582 

Sec.         1 1726 

Sec.         1 1666 

Sec.         1,    (Amended)     1803 

Sec.       19 1804 

Sec.       20,   (Amended)    1805 

Sec.     207,   (Amended)    1532 

Sec.         5,   1820 

Sec.         0 1821 

Sec.       12 1822 

Sec       21 1831 

Sec.       22 1832 

Sec.      2:? 1833 

Sec.       24 1834 

Sec.       25 1835 

See       26 1836 

Sec.       27.    (Amended)    1837 

Sec.       28 1838 

Sec.       29,   1839 

Sec.       30 1840 

Sec.       31 1841 

Sec.       32,   1842 

Soc.       33,   1843 

Sec.       34 1844 

Sec      .r:r» 1845 

S.v.       36 1846 

Sec.         1 2146 

Sec.         1 1926 

Sec.         2 1927 

Sec.     -    3,   192S 

Sec.         4 1929 

Sec.         5 1930 

Sec,         1 1765 

Sec.         1 1919 

Sec.         1 1911 

Sec.         1 1688 

Sec.         1 2120 

Sec.         2 2121 

Sec.         :: :.••   2122 

Sec.         1 1858 

Sec.         2 1859 

Sec.         1 1539 

Sec.         2,   1542 


512 


1913,  May  21,  P.  L.  285 
1913,  May  28,  1*.  L.  377 

1013,  June     5,  P.  L.  405 
1913,  June    5,  P.  L.  417 


1913,  June    5,  I*.  L.  419 


L913,  Juno  12,  P.  L.  471 


1913,  June  17,  P.  L.  507 
1913,  June  25,  P.  L.  551 


L913,  June  27,  P.  L.  633 
1913,  July  21,  P.  L.  865 

1913,  July  26,  P.  L.  1371 
1915,  March  26,  P.  L.  11 


1915.  April  14,  P.  L.  11-1 
1915,  April  US.  P.  L.  195 
1915,  May  5.  P.  L.  258 
1915,  May  14,  P.  I..  483 
1015,  May  14.  P.  lv.  489 
1015,  May  28,   P.    L.  599 


Sec.   3:  15  10 

Sec.    1,  (Amended)  1591 

Preamble  1 648 

Sec.    1, .  1649 

Sec.    3,  ....'..',....., 1606 

Sec.    1,  (Amended)  1826 

Sec.    2 1827 

Sec.    3,  1828 

Sec.    1, 2007 

Sec.    2,  2008 

Sec.    1,  2054 

Sec.    2,  2055 

Sec.    3 2056 

Sec.    4,  2057 

Sec.    5,  2058 

Sec.    6,  (Amended)  2059 

Sec.    7,  2060 

Sec.    8,  2061 

Sec.    9,  2062 

Sec.   10 2063 

Sec.   11, 2064 

Sec.   12 2065 

Sec.   13,  2066 

Sec.   17.  (Amended)  1664 

Sec.   18,  (Amended)  1665 

Sec.    1,  2113 

Sec.    2,  2114 

Sec.    3 2115 

Sec.    4,  , 2116 

Sec.    1 179."» 

Sec.    1 1932 

Sec.    2 1934 

Sec.    1 2105 

Sec.    1 1557 

Sec.    2,  1558 

Sec.    3 1559 

Sec.    1 2059 

Sec.    1 1645 

Sec.    1,  1556 

Sec.   12,  (Amended)  2123 

Sec.    2 1547 

Sec.    1 1671).  16.80,  1681.  1082 

Sec.    2 1684 

Sec.    3 1680 

Sec.    4,  1691 

Sec.    5,  1692 

Sec.    C> 1699 

See.     7 1701 

Sec.    8 170!) 

Sec.    !) 1711 

Sec.   10 1716 


513 


1915,  June     1,  P.  L.  000 
1915,  June    4,  P.  L.  812 


1915,  June    4,  P.  L.  815 


1915,  June    5,  P.  L.  840 


1915,  .rune  8,  P.  L.  920 
1915,  June  15,  P.  L.  985 
I'HT.  March  20,  P.  L.  0 
1917,  April  5,  P.  L.  47 


1!)17,  May    3,  P.  L.  149 
1917,  May  10,  P.  L.  158 

1917,  May  17,  P.  L.  221 

1!>17,  May  17,  P.  L.  235 

1917,  May  24,  P.  L.  270 

1!)17.  May  24,  P.  L.  270 


Sec. 

Sec.- 

Sec. 

Sec. 

Sec. 

Sec. 

Sec. 

Sec. 

Sec. 

Sec. 

See. 

Sec. 
Sec. 
Sec. 
Sec. 

Sec. 
Sec. 

Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 

Sec. 

Sec. 
Sec. 

See. 
Sec. 
Sec. 

Sec. 
S.c. 


1,    1591 

1 I860 

2 1861 

3 1862 

I is.;:; 

~> 1864 

6 1865 

7,   1866 

8,   1867 

!» 1868 

1<> 1809 

1 2050 

2 L>or,1 

i,  1  <;.-,.-, 

2,   1656 

3 1650 

4 1651,  1657 

5,  1658 

15 l'11^ 

1,   1 7r»« » 

1, 1826 

1 1508 

2,    1509 

3 1510 

4 1511 

■". 1512 

6 1513 

1,   2123 

1,    2002 

2,    2003 

1,    1554 

2,    1555 

1,  (amended)   1823 

2 1824 

3 1825 

1 1575 

2,   1576 

1,   1891 

2,  (Amended)    1892 

3,   1893 

4,  (Amended)    1894 

5 1895 

i; 1896 

7 1897 

8 1898 

!» 1809 

10 1900 

11 1001 

12,    1902 

13 1903 

11 1904 


33 


514 


1017.  May  24,  P.  L.  291 


1917,  May  24,  P.  L.  292 


1917,  June  7.  P.  L.  600 


1917,  June  23,  P.  L.  643 

1917.  June  23,  P.  L.  645 
1917.  Juno  28,  P.  L.  646 

1917,  July  6,  P.  L.  747 
1917.  July  6,  P.  L.  752 

1917,  July  18,  P.  L.  1062 


1917.  July  18,  P.  L.  1074 
1917,  July  18,  P.  L.  1083 


1917,  July  19,  P.  L.  1115 
1917,  July  20,  P.  L.  1143 


Sec.   15,  (Amended)  1905 

Sec.   16,  1906 

Sec.   17,  1907 

Sec.   18,  1908 

Sec.    1,  1811 

Sec.    2,  1812 

Sec.    3 1813 

Sec.    4,  1814 

Sec.    1,  2117 

Sec.    2 •. 2118 

Sec.    3,  2119 

Sec.    1 1521 

Sec.    2 1522 

Sec.    3, 1523 

Sec.    2 2107 

Sec.    3,  2110 

Sec.    1 1577 

Sec.    1 V 1923 

Sec.    2,  1924 

Sec.    1 1663 

Sec.    1,  1997 

Sec.    2 1998 

Sec.    1,  1517 

Sec.    2,  1518 

Sec.    3,  1519 

Sec.    4,  1520 

Sec.    1,  1922 

Sec.    1,  1999 

Sec.    2 2000 

Sec.    3 2001 

Sec.    1,  2004 

Sec.    1,  2012 

Sec.    2,  2013 

Sec.    3 2014 

Sec.    4,  2015 

Sec.    5,  2016 

Sec.    6,  2017 

Sec.    7 2018 

Sec.    8 2019 

Sec.    9 2020 

Sec.   10 2021 

Sec.   11 : 2022 

Sec.   12,  2023 

Sec.   13,  2024 

Sec.   14,  2025 

Sec.   15 2026 

Sec.   16,  2027 

Sec   17 2028 

Sec   18 2029 

Sec.   19 \  2030 

Sec   20 2031 

Sec   21,  2032 


516 


1»17.  -I  illy  24,  P.  L.  114«. 


1918,  April  4,  P.  L.  30 

1919,  April  4,  P.  L.  38 

l!)li),  April  4,  P.  L.  45 


1919,  May  1,  P.  L.  93 


1919,  liar  i.  p.  l.  it:; 


1919,  May  2,  P.  L.  106 
1019,  May  8,  P.  L.  130 
1919,  May  16,  P.  L.  180 


1919,  May  10,  P.  L.  199 
1919,  June  4,  P.  L.  374 

1919,  June  5,  P.  L.  395 
1!>1!>,  Jane  7.  P.  L.  414 


1919,  June  12,  P.  L.  450 
1919,  -hine  12,  P.  L.  451 


1919,  June  20,  P.  L.  500 
l!)in.  June  20,  P.  I,.  513 


Section 

Sec.   22 '....  2033 

Sec.   23 2034 

Sea   24 2035 

Sec.   25 2036 

Sec.   26 2037 

Sec.   27,  2038 

Sec.   28 2039 

Sec.   29 2040 

Sec.    1 1689 

Sec.    1.  (Amended)  1543 

Sec.    1 2147 

Sec.    2 2148 

See.    3 2149 

See.    1 1797 

Sec.    2 1798 

Sec.    3 1799 

Sec.    4 1800 

Sec.    5 1801 

Sec.    1 1990 

Sec.    2 1991 

.Sec.    3 1992 

Sec.    4,  1993 

Sec    5,  1994 

Sec.    6 1995 

Sec.    7 1990 

Sec.    2 1805 

Sec.    1 1503 

Sec.    1,  1721 

See.    2,  1722 

Sec.    :: 1723 

Sec.    4 1724 

Sec.    5,  1725 

Sec.    1 1819 

See.    1 2048 

Sec.    2 2049 

Sec.    1.  1823 

Sop.    1,  1892 

Sec.    2,  1894 

See.    3 1905 

Sec.    1,  (Amended)  1800,  1849 

See.     1.  1952 

Sec.    2 1953 

Sec.    3,  1954 

Sec.    4 1955 

Sec.    •", 1956 

See.     f> 1957 

Ser.     7,  1958 

Sec.    1 1733 

Sec.    1 1808 

Xtc         2 1800 

Sec.    :; : . . .  1810 


516 


1910,  .Tun.'  20,  P.  L.  517 
1910,  .June  30,  P.  L.  678 


1919,  July  7.  1'.  L.  732 
1919.  July  8,  P.  L.  738 
1919,  July  8.  P.  L.  770 


1919,  July  8.  P.  L.  784 


1919.  July  S,  P.  L.  786 
1919,  July  15,  P.  L.  955 
1910,  July  15,  P.  L.  958 
1919,  July  15,  P.  L.  964 
1919,  July  17.  P.  L.  1010 


Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec, 
•Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Spc. 
See. 
Sec. 


1,  1532 

9,  (Amended)  1935,  2111 

19,  (Amended)  1936 

20,  (Amended)  1!>.",7 

21,  1938 

22,  1939 

23,  (Amended)  1940 

24,  (Amended)  1941 

25 1942 

26,  (Amended)  1943 

27 1944 

28,  (Amended)  1945 

29,  (Amended)  1940 

30,  1947 

31,  1948 

32 1949 

33,  (Amended)  1950 

35 1951 

1 1925 

1,  1803 

1 1870 

2 1871 

3 1872 

4,  (Amended)  1873 

4,  1874 

5,  (Amended)  1875 

0 1876 

7 1877 

8,  1878 

9,  1879 

10,  (Amended)  1880 

11,  1881 

12,  1882 

1,  (Amended)  2041 

2,  (Amended)  204^ 

3,  (Amended)  2043 

4,  2044 

5,  (Amended)  2045 

6,  (Amended)  2040 

7,  (Amended)  2047 

1,  1077 

1 1004 

1 1(505 

1,  1074 

1,  2067 

2,  (Amended)  2068 

3 2069 

4.  (Amended)  2070 

5 2071 

6,  2072 

7 207.°, 

8,  2074 


517 


1919,  July  17.  P.  L.  loio. 


1921,  March  10,  P.  L.  23 
1921,  March  10,  P.  L.  26 
1921,  April  6,  P.  L.  Ill 
1921,  April  12,  P.  L.  124 
1921,  April  21,  P.  L.  207 

1921,  April  26,  P.  L.  286 
1921,  April  26,  P.  L.  315 
1!r_'l,  May  5,  P.  L.  397 


1921,  May  10,  P.  L.  428 
1921,  May  10,  P.  L.  441 
1921,  May  11,  P.  L.  484 


1921,  May  11,  P.  L.  519 
1921,  May  12,  P.  L.  544 
1921,  May  16,  P.  L.  582 


Sec. 
Sec. 
Sec. 
Sec. 

S.-,\ 
Sec. 
Sec. 
Sec. 

Sec. 

Sec. 

Sec. 
Sec. 

Sec. 

Sec. 

See. 
Sec. 
Sec. 
Soc. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 

Sec. 

Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 

Sec. 
Sec. 


Section 

!> U07."> 

in 2<>7i; 

11 2D77 

1L' 207S 

13 2<i7!i 

14 2UM> 

15 20S1 

16 2082 

17 2083 

is mist 

1!» 2085 

mi mist; 

21 20S7 

22 miss 

23 2089 

24 2090 

25 2091 

26 2092 

1,   is:;7 

1,   1806,  1849 

1,   1746 

1 1988 

1,   2068 

2,   2070 

1 154U 

1 1675 

1,   1524 

2 1525 

3,   1526 

4 1T.27 

5,    1528 

6,   1529 

1,  174:; 

1,    1550 

1 2041 

2 2042 

3 204:: 

4,    204.", 

5 2040 

6 2047 

1 1S47 

2 1848 

1,   2052 

2 me:; 

5,   1935,  21 1 1 

8,   1936 

9,   1937 

10 1940 

11 , 1D41 

12 1943 

13,  1945 

14 1946 


518 


Sec.   15,  1950 

1921,  May  IB.  P.  L.  635,  No.  271        Sec.    1 1720 

1921,  May  17.  P.  L.  826,  No.  287       Sec.    1,  1873 

Sec.    2 1875 

Sec.    3,  1880 

1923 .  May  1 7.  P.  L.  908,  No.  318       Sec.    1,  18&) 

Sec.    2,  1851 

1921,  May  24.  P.  L.  1089,  N«.  403.      Sec.    1 1607 

Sec.    2 1608 

Sec.    3,  1609 

Sec.    4,  1610 

Sec.    5 1611 

Sec    6 1612 

Sec.    7 1613 

Sec    8 1614 

Sec.    9 1615 

Sec   10,  1616 

Sec   11 1617 

Sec   12,  1618 

Sec   13,  1619 

Sec   14 1620 

Sec   15,  1621 

Sec   16,  1622 

Sec   17 1623 

Sec   18 1624 

Sec   19 1625 

Sec   20,  1626 

Sec   21,  1627 

Sec   22 1628 

Sec   23 1629 

Sec.   24,  1630 

Sec.   25 1631 

Sec   26 1632 

Sec.   27,  1633 

Sec   28,  1634 

Sec   29,  1635 

S«c   30,  1636 

Sec   31 1637 

S«c   32,  163S 

1921.  May  2§,  P.  L.  1123  St*    1,  585 

S*c.    2,  587 


519 
TABLE    OF    CASES. 

Section 

Abington  Township  Road,  190  Pa.,  118 1730 

Ackerly  et  al.  v.  Lackawanna  County,  1  Lack.  L.  N.   14 1731,  1759 

Adams  v  Swendon  Township,  !>  D.  It.  450 358 

Adamstown  Borcugb  v.  Hartman,  36  Lane.  L.  R,  7:: :  s.  c.  10  M.  L.  B.  174, 

:::;  York.  48,  »i7  P.  L.  J.  545 1G88,  1714 

Administration  of  Oaths,  opinion  by  William  H.   Keller.  Dep.  Any.  Gen.,  3 

Dep.    Rep.    4c:; 1951 

Albany  Township  Road,  2  Berks  98 1735 

Alexander  v.  City  of  Philadelphia,  et  al.  17  1  >.  R.  7!)!) 1045,  1652 

Aliquippa  Borough  v.  Hall,  21  I).  R.  774  ;  s.  c.  4  M.  L.  R.  42 1514 

Allegheny  Township  Road,   19   Pa.   C.   C,   30 * J 74,s 

Allen  v.  Comm(  nwealth,  77  Super.  Ct.  244, .  240 

Allen  Township  Road.  1!)  I  >.  It.  356;  s.  c.  12  North.  C.  R.  152,  23  York  160,  .  .  1734 

Allentown  v.    Ackerman,  37  Super.  Ct.  363,  affirming  2  Leh.  236,  .  .1690,  1696,  1699 

Allentown  v.  Roth.  231  Pa.  140,  affirming  4  Leh.  136,   1676 

Allentown  Road.  5  Wharton  442 1777 

Allentown    t<     use   of    Barber   Asphalt    Paving   Company    v.    Light,   15  D.   R 

619 1686,  1687,  1690 

Alley  in  West  Chester,  1  Pa.  C.  C.  649 1739 

Alliance  Borough  v.  Schwartz.  53  Super.  Ct.  448,  reversing  13  North.  C.  R. 

314 ;  s.  c.  4  M.  L.   R.  97,    1714 

Airland  v.  Swine  ex  rel.  McSparren,  13  Pa.  C.  C.  383:  s.  <•.  10  Lane.  L.  R. 

241 1982 

Andrus  v.  Shippen  Township,  36  Super.  Ct.  22,  reversing  :!4  Pa.  C.  C.  312,  6 

Just.  L.  R.  103,   2130 

Apollo  Borough  v.  Clepper,  44  Super.  Ct.  396, 170(3 

Appeal  of  Harrison  Township,  20  Pa.  C.  C.  54,  s.  c.  45  P.  L.  J.  196 2136 

Appoinment   of   Special    Policeman   for    Second    Class:  Townships,    22    Lack. 

J.   173,   355 

Appointment  of  Viewers,  21  Luz.  L.  R.  201 480 

Armstrong  v.  Wolcott,  26  D.  R.  899;  s.  c.  65  P.  L.  J.  389 1688 

Arrott  Street,  18  W.  N.  C.  121 1738 

Augusta  Township  Road,  17  Pa.  71 1778 

Avalon  Borough  v.  Ardery,  29  D.  R.  178  ;  s.  c.  67  P.  L.  .1.  307 1688 

Pair  v.  Diller,  18  Pa.  521 ;  s.  c.  14  Lane.  L.   R.   6.   1971,  1972 

Pall  Street  No.  2,  27  Pa.  C.  C.  600, 1757 

Barnesboro  v.  Speice,  40  Super.  Ct.  609 1676 

Pan-  v.  Philadelphia,  191  Pa.  438 1646 

Beach  Creek  Township  Road,  34  Pa.  C.  C.  570 ;  s.  c.  17  D.  R.  581 1740 

Beaver  ( Jounty  Commissioners,  14  D.  R.  491 2084 

Beaver  Township  Road,  28  D.  R.  989 1739 

Bedford  Bridge,  72  Pa.  42,   1883 

Bell  v.  Waynesboro,  195  Pa.  299,   1643 

Bell  Tel.  Co.  v.  Hazleton,  67  Super.  Ct.  264,   2107 

Bellefonte  Bon  ugh  v.  Whitehead  et  al.  64  P.  L.  J.  237 1690 

Bellevernon  Borough  Road,  15  W.   N.  C.  232,    1739 

Benedict  v.  Fulton  Township  et  al.  37  Lane.  L.  R.  367;  s.  c.  °0  I  >.  R.  433.. 230,  1875 

Bennet  v.  Hunt,  148  Pa.  257 1561 

Bensinger  Township  Road,  115  Pa.  436 1741 

Benton  Towurhip  Road,  41  Super.  Ct.  57, 1741 


520 

Section 
Berwick    Borough   v.   Sponsler  el   al.    11    M.    I..  It.  238;   s.  <•.  20  Luz.  L.  It. 

399 lt«)0 

Bethlehem  Inter  County  Bridge,  14  North.  C.  R.  7:5 1883 

Bethlehem  Inter  County  Road,  23  I ».  It.  818;  s.  e.  14  North.  C.  R.  73 1884 

Big  Run  Road,  47  Super.   Ct.  166,    1727 

Bigger  v.   Scranton,  30  Super.   Ct.  503 1593 

Bilger  v.  Spring  Township,  20  Pa.  C.  C.  670 1988 

Bittner  v.  City  of  York,  34  York.  173.  2123 

Bittner  et  ux.  v.  City  of  York.  30  I).  R.  056 2123 

Biack  v.  Duquesne  Borough  School,  239  Pa.  96 1561 

Blakely  Road,   8  Pa.   C.   C.  498,    1784 

Blamere  v.   Borough  of  Parsons,  et  al.,  17  Luz.  L.  R.  417,  s.  c.  7  M.  L. 

R.    175 1645,  1647 

Bloomsburg  Town  Election  Case,  18,  Pa.  C.  C.  449:  s.  e.  -'  D.  R.  671, 1646 

Boice  v.  Curtis,  2  Luz.  203, 1982 

Borough  of  Hanover  v.  Hanover  Sewing  C<  mpany,  251  Pa.  95,  reversing  28 

York,    77,    '. 1932 

Borough  of  Hanover's  Petition,-  26  York  153.  No.  21,  27  York  133,  5  M.  L.  R. 

204 1932 

Bowen  v.  County  of  Northumberland,  1  Northum.  L.  N.  24, 1744 

Boyer's  Road,  37  Pa.  257,  1739,  1768,  1769 

Bradford  <  lounty  v."  Beardsley,  60  Super.  Ct.  478 1594 

Brandt  v.  Elizabethtown  Borough  School  District,  26  Lane.  L.  R.  249, 1646 

Bridge  in  East  Nantmeal,  21  Chester  391 1738 

Bridge  in  Rapho  and  West  Hempfield  Townships,  1  Lane.  L.  R.  27, 1883 

Bridge  on  Bedford  and  Stoystown  Turnpike  Road,  14  Pa.  C  .C.  296 1883 

Bridgeport  and  New  Cumberland  Turnpike  Road.  171  Pa.  312, 1785 

Briel  et  al.  v.  Karthaus  Township  School  District,  22  D.  R.  511 1640 

Broad  Street  Sewickley  M.  E.  Church's  Appeal,  165  Pa.  475 1685 

Brode  v.  Philadelphia,  230  Pa.  434,  affirming  18  D.  R.  899 1662 

Brooke  et  al.  v.  City  of  Philadelphia,  et  al.  162  Pa.  123 1644 

Brooklyn  Street.  118  Pa.  640 1738 

Brown  et  al.  v.  City  of  Corry  et  al.  4  D.  It.  645,   1644 

Brown's  Appeal,  111   Pa.  72 1645 

Bruce,  et  al.  v.  Pittsburgh  et  al.  1<>6  Pa.  152 1645,  1647 

Buck  v.  Commonwealth.  90  Pa.  110 1580 

Bucks  County  Road.   3  Wharton   105,    1745 

Bullitt  v.  Philadelphia,  230  Pa.  544,  affirming  19  D.  R.  1083,   1646 

Bureau  of  Mun.  Opinion  of  Emerscn  Collins.  Dep.  Atty.  Gen.  4  Dep.  Rep. 

767,     2149 

Bushkill  Township  Road.  12  North.  C.  R,  11* 1734.  1735.  1740 

( Jaldwell  v.  Moore,  11  Pa.  58,   1587 

Cambria  Street,  75  Pa.  357,    1734 

Cameron  Township  Auditor's  Report,  25  D.  R.  277 2136 

Canaan  Township  Overseers  v.  Covington  Township  Overseers,  54  Super.  Ct. 

2096 

Carlisle  v.  Welsh,  et  al.  74  Super,  Ct.  255 1685 

Carlisle  B<  rough  v.  Eppley,  No.  1,  9  M.  L.  It.  220;  s.  c.  27  D.  R.  189, 2059 

Carpenter  v.  Wolf,  37  Lane  L.  R.  141;   s.  c.  34  York  9,   affirmed  in  76 

Super.   Ct.  363,    1962 

(  a  nick  v.   Canevin,  243  Pa.  283,    1685,  1696 

<  'arrick  v.  Canevin,  55  Super.  Ct.  233 1696 

Cassville  Road,  21  Pa.  C.  C.  212,   1779 


521 

S«'c-li(lM 

<  Jatharine  Township  Road,  76  Pa.  189 1735 

Central  R.  R.  of  Now  Jersey's  Appeal,  L02  Pa.  38 1738 

Charlotte  Street,  23  Pa.,  286 1758 

Chartiers  ('n^k  Bridge,  .'IT  Super.  Ct.  281 1885 

( lhartiers  Township  Road,  47  P.  L.  J.  268 1728 

Cheltenham  Township  Road.  11   Pa.  C.  C.  '',71 17.17 

I  !heltenham  Township  Road,  1  1<>  Pa.  136 1732 

Cherry  Street,  Norristown,  8  Philadelphia  501 17  J." 

Chester  City  v.  Lane,  24  Super.  Ct.  .'WO.  367,  368,  369,  . 1686,   1698 

Chester  City  v.  Prendergast,  31  York  5;  s.  c.  14  Del.  220 1685 

Chestnut  Street,  8  Pa.  C.  C.  55 ;  s.  c.  20  Phila.  364,   1732 

Christley  v.  Butler  County,  ?,7  Super.  Ct.  32 1605 

( flapper  v.  Greensburg,  4S  P.  L.  J.  112 2136 

Clarion  County  v.  Clarion  Township,  222  Pa.  350 1818 

Clarion  Township  and  Clarion  Borough  Road.  35  Pa.  C.  C.  17 1728 

Clark  v.  Allegheny  County.  260  Pa.  199 1802.  180.°, 

Clark  v.  Birmingham  and  Pittsburgh  Bridge  Company,  41  Pa.,  147 1920 

<  'lark  v.  Reardon,  37  Lane.  L.  R.  563  ;  s.  c.  60  P.  L.  J.  626 1942 

i  Jlaysville  School  District  v.  Worrell.  37  Super.  Ct.  10 1588 

Clinton  County  v.  Harrisburg  Trust  Company.  39  Pa.  C.  C.  498;  s.  c.  21  D. 

R.   760,    1711 

Clowe's  Road,  2  Grant  129,  1745 

Cochranton  Borough  v.  Cochranton  Telephone  Company.  41  Super.  Ct.  146,  .  .  2105 

Cogan  House  Township  Road,  7  W.  N.  C.  257,  s.  c.  8  Luz.  211,  1738 

Collins  Township  Road,  36  Pa.  85 1741 

Colored   Children's  Home  v.  Cambria   County   Poor  District.  72  Super.   Ct. 

106 1662 

( Jommonwealth  v.  A  Boar  Pi?,  2  Chester  Co.  575 1982 

( Jommonwealth  v.  A  Hog,  4  Pa.  C.  C.  76 1982 

Commonwealth  v.  Adsit  et  al.  68  P.  L.  J.  651 ;  s.  c.  49  Pa.  C.  C.  562,  35  York 

88,    240 

Commonwealth  v.  Allen,  70  Pa.  465 2136 

( Jommonwealth  v.  Ambler,  No.  1,  30  D.  R.  437 2131 

( Jommonwealth  v.  Bamberger.  No.  1,  33  Lane  L.  R.  65 :  s.  c.  25  D.  R.  652.  .  .  2139 

( Jommonwealth  v.  Barge.  11  Super.  Ct.  164 2134 

( Jommonwealth  v.  Barker,  211  Pa.  610 1674 

Commonwealth  v.  Becker.  19  Luz.  23;  s.  c.  34  Lane.  L.  R.  66, 1936,  1947 

<  Jommonwealth  v.  Bloom,  30  D.  R.  648 1941 

<  Jommonwealth  v.  Bowman,  218  Pa.  330 1883 

Commonwealth  v.  Bretz,  28  D.  R.  918,  1919  Dauphin  29,  67  P.  L.  J.  153, 2143 

<  Jommonwealth  v.  Buzard,  27  D.  R.  21 ;  s.  c.  45  Pa.  C.  C.  396 1950 

Commonwealth  v.  Carson.  21   Super.  Ct.  48 2133 

Commonwealth  v.  Centre  County  Commissioners,  42  Pa.  C.  C.  101 1883 

Commonwealth  v.  Chadman,  11  D.  R.  430:  s.  c.  19  Lane.  L.  R.  117 2067 

Commonwealth  v.  Christian.  9  Phila.  556 2136 

Commonwealth  v.  Clevenstine.  i\i\  Super.  Ct.  125 2143 

Commonwealth  v.  Clime,  26  D.  R.  663:  s.  c.  34  Lane.  L.  R.  85 1936,  1950 

Commonwealth  ex  rel.  v.  Cloud.  19  IX  R.  299:  s.  c.  2  M.  L.  R.  3.  36  Pa.  ( !. 

C.    190 2136 

Commonwealth  v.  Collins.  18  1  >.  R.  893 2136 

Commonwealth  v.  Commissioners  of  Bedford  County.  6  Super.  Ct.  211 366 

Commonwealth  v.  County  Commissioners,  35  Luz.  319 30 


522 

Section 

commonwealth  v.  Cutler  et  al.  .r>0  Pa.  C.  C.  610,   2070 

Commonwealth  v.  Davidson.  21  D.  R.  885 1036 

Commonwealth  v.  Davies,  43  Pa.  C.  C.  536,  s.  c.  6  Leh.  338 1950 

Commonwealth  v.  Davis,  44  Pa.  C.  C.  562;  s.  c.  64  P.  L.  J.  602,  33  Lane.  L. 

R.  388,  14  Del.  171 1950 

Commonwealth  v.  DeCamp,  177  Pa.  112 ;  s.  c.  30  W.  N.  C.  60 2136 

Commonwealth  v.  Dimegilo,  25  D.  R.  830 ;  s.  c.  44  Pa.  C.  C.  34,  30  York  15, 

13   Del.   437,    1940,  1950 

Commonwealth  v.  Edwards.  24  D.  R.  729 ;  s.  c.  13  Del.  28 1531 

Commonwealth  v.  Evans.  50  Super.  Ct.  607  affirming  31  Lane.  L.  R.  401,  .  .  .  1533 

Commonwealth  v.  Farrell  et  al.  17  Pa.  C.  C.  263 1563 

Commonwealth  v.  Flecker,  17  Pa.  C.  C.  671 ;  s.  c.  8  Kulp  225, 2139 

Commonwealth  v.  Floyd,  21  Luz.  298,   1554 

Commonwealth  v.  Ford.  5  Pa.  67, 1530 

Commonwealth  v.  Fourteen  Hogs,  10  S.  &  R.  393,  1982 

Commonwealth  v.   Galbo,  30  D.  R.  614,    1942 

(  ommonwealth  v.   Godshalk,  7(i  Super.  Ct.  500 1936 

Commonwealth  v.  Graham,  50  Pa.  C.  C.  402 231 

Commonwealth  v.  Greenwood  Township  Supervisors,  13  M.  L.  R.  39;  s.  c.  30 

D.   R.   536 240 

Commonwealth  v.  Gregory,  6  Luz.  L.  R.  127,   1545 

Commonwealth   v.  Hauser,   19  Luz.  387,    2136 

Commonwealth  v.  Hilibish,  12  Pa.  C.  C.  25,   2136 

Commonwealth  v.  Hottenstein,  2  Woodw.  477,    2135 

C<  mmonwealth  v.  House,  8  Super.  Ct.  92,    2133 

Commonwealth  v.  Jones,  14  D.  R.  350;  s.  c.  3  Just  L.  R.  128;  5  Lack.  J.  328,  1514 

Commonwealth  v.  Koons,  1  Kulp  134,  s.  c.  9  Luz.  171, 2135 

Commonwealth  v.  Kriekbaum,  199  Pa.  351 2136 

Commonwealth  v.   Krell.  13  M.  L.  R.  1,    1937 

Commonwealth  v.  Larden,  18  D.  R.  716 ;  s.  c.  35  Pa.  C.  C.  631 2136 

Commonwealth  v.  Levy,  30  D.  R.  804 ;  s.  c.  1  Somer.  355. 1942,  1948 

Commonwealth  v.  Levy.  12  M.  L  R.  167 ;  s.  c.  34  York  145 1948 

Commonwealth  v.  McAvoy,  9   Kulp,   168,   2136 

Commonwealth  v.  McCafferty,  20  D.  R.  29;  s.  c.  11  Del.  270;  2  M.  L.  R.  14,  1514 
Commonwealth  v.  McCorkle,  64  P.  L.  J.  356 ;  s.  c.  14  Del.  112,  30  York  24, 

26  D.  R.  135 1531 

Commonwealth  v.  McCormick,  36  Pa.  C.  C.  253 ;  e.  c.  18  D.  R.  641 1531 

Commonwealth  v.  McCullough,  19  Super.  Ct.  412 2134 

Commonwealth  v.  Mahan,  12  Super.  Ct.  616 1563,  1589,  2134 

Commonwealth  v.  Marcer,  29  Leg.  Int.,  52 , 2131 

Commonwealth  v.  Matthews,  10  Luz.  110 1514 

Commonwealth  v.  Mentzer,  K52  Pa.,  846,  affirming  10  Lane.  L  R.  188, 2133 

Commonwealth  v.  Miller,  13  D.  R.  147;  s.  c.  2  Just.  L.  R,  12;  20  Lane.  L. 

R.  285 ;  18  York  50 ;  5  Lack.  J.  174 2134 

Commonwealth  v.  Monongahela  Bridge  Co.  20  P.  L.  J.  126 1920 

Commonwealth  v.  Murphy,  et  al.,  7  Just.  L.  R.  31 1514 

Commonwealth  v.  Myton,  16  Lack.  J.,  234;  s,  c.  6  Leh.  246;  18  Dau.  393,  7 

M.  L.  R.  27 ;  44  Pa.  C.  C.  320  ;  64  P  L.  J.  427 1936 

<  Jommonwealth  v.   Naylor.  8  Lack.  L.  N.  20 2136 

Commonwealth  v.  Newtcp  Township.  29  D,  R.  1042;  s.  c,  4tt  Pa.  C.  C.  441.  182Q 


523 

Section 

Commonwealth  v.  Plymouth  Township,  13  Super.  Ct.  209 1745 

( Commonwealth  \ .  Quay,  7  D.  R.  723 2131 

Commonwealth  v.  Raudenbush,  249  Pa.  86 • 2136 

Commonwealth  v.  Rieker,  35  Lane  L.  R.  74 1030,  10.~>o 

Commonwealth  v.  Ritchey,  e(  al.  50  Pa.  C.  C.  <>24 240 

Commonwealth  v.  Rogers,  59  Super.  Ct.  265 1705 

I  Sommonwealth  v.  Rtipp,  0  Watts  114 2131 

<  Sommonwealth  v.  Sobering,  01  Super.  Ct.  261 2143 

Commonwealth  v.  Schmitz,  18  l>.  R.  St;i ;  B.  <■.  56  P.  I..  J.  ::i 1645 

<  Jommonwealth  v.   Scutt.  7  Pa.  C.  C.  409 1594 

Commonwealth  v.  Shive,  28  York  113 1950! 

Commonwealth  v.  Sh<  ener,  212  Pa.  527  ;  s.  e.  210  Pa.  71 21.°..°. 

Commonwealth  v.  Shoener,  216  Pa.  71.  affirming  30  Super.  Ct.  321, 2133,  2143 

Commonwealth  v.  Sitler,  07  Super.  Ct.  1,  affirming  12  Scb.  408;  2  Northum. 

L.  J.  430,  3  Northum,  L.  J.  138 2133  2134 

Commonwealth  v.  Smith.  10  North.  C.  R.  340:  s.  <•.  2  Leh.  14:',.  .  ; 1074 

( Commonwealth  v.  Snider,  35  Lane.  L.  R.  75 1!M<» 

Commonwealth  v.  Straban  Township,  45  Pa.  C.  C.  85;  s.  e..  10  Dau.  302 1643 

(Commonwealth  v.  Sutton,  21  Lack.  J.  100;  68  P.  L.  J.  300 194.-. 

Commonwealth   v.    Swab.  59   Super.   Ct.   485 2143 

Commonwealth  v.  Swaney,  et  al.  270  Pa.  5S<).   104 

Commonwealth  v.  Tannebaum,  69  P.  L.  .1.  780;  s.  c.  30  D.  R.  043.  50  Pa.  C. 

C  303 1050 

Commonwealth  v.  Tannebaum.  22  Lack.  L.  J.  42  ;  s.  c.  34  York  107. 1036,  1050 

Comim  nwealth  v.  Township  of  Straban,  19  Dau.  302;  s.  e.  45  Pa.  C.  C.  85,  1052 
Commonwealth  v.  Vollmer,  25  D.  R.  1070;  s.  c.  65  P.  L.  J.  12:  7  M.  L.  R. 

212,  44  Pa.  C.  C.  462 ;  33  Lane.  L.  R.  125 1030 

( Sommonwealth  v.  West.  19  D.  R.  200 1531 

Commonwealth  v.  Wineman,  21  D.  R.  911;  s.  c.  1  West  238;  4  M.  L.  R.  31.  2136 

<  Sommonwealth  v.  Witman,  217  Pa.  411 2136 

(Commonwealth  ex  rel.  v.  Baker,  212  Pa.  232 1883: 

Commonwealth  ex  rel.  v.  Layton,  59  P.  L.  J.  488,  489;  s.  c.  3  M.  L.  R.  74.  2136= 

Commonwealth  ex  rel.  v.  Northampton  County  Commissioners.  19  D.  R.  201,  1889' 

Commonwealth  ex  rel.  Saunders  v.  Upper  Providence  Township,  13  D.  R.  730.  358 

Commonwealth  ex  rel.  v.  Sword,  03  P.  L.  J.  145  :  s.  c  0  M.  L.  R.  201, 2136" 

Commonwealth    ex    rel.   v.   Supervisors   of   Swatara   Township.   16   Pa.    C.   C. 

490 1883.  191 1 

Commonwealth  ex   rel.  v.   R.   K.   Young,   State  Treasurer.   18  Dau.  507:   s.  c. 

14  Just.  L.  R.  90 ;  45  Pa.  C.  C.  334 1843 

Commonwealth  ex  rel.  Brown  v.  Pfeil  et  al.  31  York  89;  s.  c.  13  Sch.  202: 

3  Northum.  L.  J.  167 2136 

Commonwealth  ex  rel.  Cast  v.  Kelly,  255  Pa.  475,  2136 

( Sommonwealth  ex  rel.  Lyon  v.  Ripple,  Mayor,  4  Kulp  50 1645 

Commomwealth  ex  rel.  Metcalf  v.  Winn,  4  M.  L.  R.  146;  s.  c.  16  Luz.  L.  R. 

R.  275 ;.  .  1561 

Commonwealth  ex  rel.  Shimer  v.  Commissioners  of  Northampton   County,  5 

North.   C.   R.   23 1889 

Conestoga  Bridge.   150   Pa.   541 18S:;.  1887 

••asolidnted  Tel.  Oerapaniea  «f  Pe«»a.  t.   ***>•*.  16  D.  R.  887 ;  i.  c.  11 

Ntrtk.  0.  R.  1 ;  10  Dd.  3ff 21«7 

Q*rnplauter  Township  Road.  ( No,  1)  20  Super,  Ct.  20 1728 


524 

Section 

» !ornplanter  Township  Road,   (No.  2)  26  Super.  Ct  20 1728 

Correll  v.  Mt.  Jcwett  Boro.,  49  Super.  Ct.  118,   1757 

< 'ounty  of  Lackawanna  v.  I >uffy.  248  Pa.  575 2182 

Coxe's  Case,  11  Pa.  C.  C.  639 2136 

Crafton  B<  rough  v.  Richards,  17  D.  R.  885;  s.  c.  55  P.  L.  J.  270 1676 

Crawford  v.  Borough  of  Clifton  Heights,  8  Del.  313;  s.  c.  15  York  11!). 2136 

( descent  Township  Road,  30  York  130 1728 

( Vow-ley  v.  Hastings  et  al.  86  Mont.  'M 1902 

'Croyle  Township  Road,  87  Super.  Ct.,  57 1745 

<Culp  v.  Commonwealth,  109  Pa.  363,  affirming  16  Phila.  496,   2135,  2143 

Cumru  Township  Road.  5  Berks  281 1740 

Dallas  Borough  Auditor's  Report,  23  D.  R.  1068 341 

Dare  v.  County  Commissioners,  23  Pa.  C.  C.  04H 381 

Davis  v.  Doylestown,  3  Pa.  C.  C.  573,  1643 

Davis  v.  Schuylkill  Co.,  27  Pa:  C.  C.  177 1514 

J  >eems  v.  Bon  ugh.  of  Washington,  12  M.  L.  R.  195 2123 

Del.  &  Atl.  Telegraph  and  Telephone  Company's  Petition,  224  Pa.  55;  affirming 

37   Super.  Ct.  151  :   affirming  10  Del.  340 2109 

Delaware  County  Appeal,  1   Super.  Ct.  204 1745 

D.  L.  &  W.  R.  R.  Company  v.  Scranton  City.  5  Pa.  C.  C.  437 ;  s.  c.  5  Kulp  67,  1645 

Denison  Township  School  District  v.   Shortz,  et  al.,  2  Penny.  231,    1645 

Derry  Township  Road.  11   Super.   Ct.  232 1735,1739,  1745 

De  Turk  v.  Commonwealth,  129  Pa.  151 1530 

Dice  v.  Rumber.  47  Pa.  C.  C.  42 1960 

Dickinsc  n  Township  Road.  23  Super.  Ct.  84 1768 

Dormont  Borough  v.  Mount  Washington  Street  Railway  Company,  No.  1,  63 

P.  L.  J.  556 1684,  1714 

Dormont  Borough  v.  Mount  Washington  Street  Railway  Company,  No.  2,  and 

3,  63  P.   L.   J.  557-558 1714 

1  ><  rmont  Borough  v.   West  Liberty  Street  Railway  Company.  64  Super.  Ct. 

562,     2107 

Dover  Township  Road,  12  York  20 1745 

I  >over  Township  Road,  12  York  20 1739,  1746 

1  >reeso  v.   Freed.  42   Pa.  C.  C.  242 381 

Dreese  et  al.  v.  Beaver  Township  Supervisors,  et  al.,  24  D.  R.  586,  s.  c.  42 

Pa.    C.    C.   242 2136 

Drumore  Township  Road.  82  Pa.  C.  C.  105;  s.  c.  15  D.  R.  025;  23  Lane.  L. 

R.  123,    1777,  1780 

DuBois  Cemetery  Company  v.   Griffin,   1(55  Pa.  81 1736 

Duffs   Private  Road.   60   Pa.   459 1758 

I  >ugan  v.  M«  nongahela  River  Bridge  Co.,  27  Pa.  303 1920 

1  >unbar  Borough  School  District  v.  Kerwin,  et  al.,  20  D.  R.  404 1583 

1  funlevy,  Trustee  v.  Bell,  61  P.  L.  J.  259, 1714 

Dunmore  Borough  v.  Burke  et  al..  26  D.  R.  1057;  s.  c.  18  Lack.  J.,  113 1697 

1  "iininore   Borough  v.   Conrad,  76  Super  Ct.  473 1688 

Dunmore  Borough  v.  Knapp,  21  Back.  J.  381  :  s.  c.  12  M.  L.  R.  146 1690 

Earl  v.  Ryan.  41   Super.  Ct.  448 1765 

East   Earl  Township  Road,  2K  Lane  L.  It.  400 1754.  1757 

East   Penn  Township  Road,  22   Pa.  C.  C.  453 1734 

East  Pennsboro  Township  Road,  26  D.  R.  920 1758 

East  Union  Township  v.  Corarey,  100  Pa.  362 1758 

East  Whiteland  Township  v.  Chester  County,  235  Pa,  579 1818 

Egan  v.  Claysville  Borough  et  al.,  239  Pa.  259,   ....,.......,,,.,.,,,...,.  1646 


525 

Seel  ii>lr 

Egypt  Street,  2  Grunt  454 17:;«; 

Elder  v.  School  Directors  of  Lower  Paxti  n  Township,  24  Dau.  262 1040 

Eighteenth  Street,  42  Pa.  C.  C.  253;  s.  c.  02  I'.  I..  .J.  lit;.-.;  6  M.   L.  K.  50,  1685 

Elliotl  v.  Philadelphia,  220  Pa.  215 1645,  1652 

Erie  City  v.  Willis.  26  Super.  Ct.  459 1690,  1706 

Erie  City's  Appeal,  !>1   Pa.  :!!>* 1640 

Erie  County  v.  Fox,  Sheriff,  2  Erie  227 2007 

Everett  v.  Auchu,  66  Super.  Ct.  443,  1936 

Ewing's  Mill    Road.  :t2   Pa.  282 17  15 

Farber  v.  Straup,  14  Just.  L.  R.  225 1965 

Farmer's  Exemptions,  .'50  Pa.  C.  C.  590 1597 

Farrell  Road,  35  Super.  Ct.  80 1765 

Ferguson  v.  Moore,  5  Super.  Ct.  349 158S 

Fermanagh  Road.  1   Super.  Ct.  534 174." 

Fifth   Street,  22  Super.  Ct.  214 17J!> 

Fifty  Second  Street,  11   Phila.  437,   1 738 

First   Nati(  nal   Rank  of  Bridgevillc  v.   Pittsburgh   Silica  Company,  12  Just. 

L.   R.   281 1688 

Fleming  v.   Ramsey,  40   Pa.  252 177.". 

Fleming  Mfg.  Co.  v.  Hector  Township,  35  Pa.  C.  C.  105;  s.  e.  6  Just.  1..   It. 

283  :   18   I '.   R.   730 21U7 

Forks  Township  Road,  2  North.  C.  R.  135 1732 

Foster  Township.  2   I  >.    R.   41.") 1500 

Foster  Township  Road.  0  Luz.  114 1734 

Fowler  v.  Gable,  ::  I  >.  R.  23.   164G 

F<  x  v.  Crooks  et  al.  42  Pa.  C.  C.  561  :  s.  c.  24  D.  R.  220;  62  P.  L.  J.  544,  1971 

Franciscus  \ .   Rcigart,  4  Watts  98 L587 

Frankford  Township   Road.    11    1  >.   R.   78 1728 

Franklin  Guards  Acsociation  v.  Boyer,  70  Super.  Ct.  263 1683 

Franklin  Township  Road,  54  Super.  Ct.  203 1735 

Franklin  Township  Road.  40  Pa.  C.  C.  484,   1728,  1734,  173!),  1758 

Frankstown  Township  Road,  20  Pa.  472 1720,  1739 

Freemansburg  Bridge,  1!>  Pa.  C.  C.  588 " 1883,  1887 

Freeport  Borough  v.  Miller  Estate.  34  Super.  Ct.  395 •. 1690.  171-t 

Frick  v.    Patton,  2  Rawle  20 1!»71 

Crust    v.    Scot!    et    al.   12   D.    R.   3;!!> 17(15 

Fulton  Township  Road.  26  Lane.   L.  R.  397 172S 

Fulton  Township  Road.  23  D.  P.  078;  s.  c.  31    Lane.   L.  R.  134.  28  York 

!»4 485.   1 738.  1 74!),  1 795 

Gaskins  v.  Montour  County,  8  Luz.  L.  11.  270 1646 

Geesey  et  al.  v.  City  cf  York.  25  D.  R.  Ill:   s.  e.  28  York  203;  affirmed  in 

254  Pa.  397 1094,  1696 

Gettysburg  v.  United  Telephone  <'<>.   1!>  I ».  R.  875 2109 

Gibbons  v.  Cochran.  32  Super.  Ct.  185 1683 

Glenolden  Borough  v.  Scott,  15  1).  R.  705;  s.  c.  9  Del.  514;   10  North.  C. 

R.  77.  1!>  York  75 1690 

( Soepp  \.  Borough  of  Bethlehem,  28  Pa.  249 1534 

Graham  et  al.  v.  City  of  Lebanon,  240  Pa.  .T57 1040 

Greenwich  Township  Road.  1 1   Pa.  180 177.S 

<  ireenwood  Township  Road.  27  Super.  Ct.  549 1732 

Grim  v.  Herbst,  9  Just.  L.  R.  221 ;  s.  c.  24  York  90 1002 

I  [amburg  Borough  v.  Doering,  8  D.  R.  131, 2136 


52« 

Secti«»i 

Hampton  Township  Road.  72  Super,  (.'t.  484 1728,  1758 

Hanover  Borough   v.    Hanover   Sewing   Company,   251    Pa.   95;    reversing  28 

York   77,    1932 

Hanover  Borough's  Petition,  2G  York  153,  No.  2;  27  York  133;  s.  c.  5  M.  L. 

R.  204,   1932 

Hanover  Township  Road,  14  I).  R.  778,    1735 

Hanover  Township  Road,  Vacation,  1  Leh.  52,   1778 

Harple  v.  Rudy,  23  Lane.  L.  R.  41,   1597 

Harrisburg  v.  Dauphin  Deposit  Bank,  12  D.  R.  207  ;  s.  c.  6  Dau.  4, 1646 

Harrison  Township's  Appeal,  20  Pa.  C.  C.  54  ;  s.  c.  45  P.  L.  J.  190 2136 

Hartman  v.  Hazen,  28  Pa.  C.  C.  311 1588 

Haspel  v.  O'Brien,  218  Pa.  146,  reversing  32  Super.  Ct.  147 1683 

Hazel  Township,  1  D.  R.  813 ;  s.  c.  6  Kulp  401 2136 

Heidelberg  Township  Road,  47  Pa.  536 1739,  1758 

Heist  v.  Montgomery  County,  1  D.  R.  546 1754,  1757 

Hellertown  Road,  5  W.  &  S.  202,.  .  .  .' 17H0 

Hempfield  Township  Road,  122  Pa.  439,   1745 

Hempfield  Township   Supervisors,  36  Pa.   C.   C.  532;   s.  c.  11   Del.   188:   57 

P.  L.  J.  235 1643 

Henry  t.  Derr,  7  Lane.  L.  R.  29 1971 

Henry  v.  Horstick,  9  Watts  412 1587 

Hoffman  v.  Pittsburgh,  229  Pa.  36 1646 

Holden  v.  Cole  et  al.  1  Pa.  303,  1726 

Holtzman  v.  Braddock,  14  D.  R.  547 1646 

1  lopewell  Township.  12  Pa.  C.  C.  517 1738,  1751 

Huston   v.   Lancaster,   191  Pa.   143,  affirming   15  Lane.    L.   R,   177;   8  D.  R. 

19,    1040,  1645 

Howells  v.  Morris,  44  Pa.  C.  C.  139;  s.  c.  12  Sch.  55;  7  M.  L.  194;  25  D.  R. 

946 2055 

1  lunter's  Private  Road,  46  Pa.  250, 1777 

Huntingdon  Township  Road  Vacation,  18"  Luz.  L.  R.  14 1778 

In  re  Health,  Opinion  by  Frank  M.  Hunter,  Dep.  Atty.   Gen.  68  P.  L.  J. 

665 2059,  20<il 

In  re  Monuments.     Opinion  by  William  I.  Swope,  Dep.  Atty.  Gen.  69  P.  L. 

J.  263 ". 1994 

In   re   Public  Health   Opinion   by   B.   J.   Myers,   Dep.   Atty.    Gen.   68   P.   L. 

J.  480 205!) 

Indiana  County  Road,  51  Pa.  296,    1758 

Irwin  v.  Mattox,  138  Pa.  473 1971 

Irwin  et  al.  v.  Township  of  Mifflin  et  al.  64  P.  L.  J.  445  ;  s.  <•.  26  D.  R.  39.  .  .  1664 

Jackson    Street,   83    Pa.   328,    1738 

Johnstown  Telephone  Co.  v.  Ferndale  Borough,  47  Super.  Ct.  461 2105 

Johnstown  Telephone  Co.  v.  Southport  Borough,  47  Super,  Ct.  468 2105 

Jones  v.  Taylor  Borough  School  District,  15  Lack.  J.  116 1561 

Jutte  v.  Keystone  Bridge  Co.,  146  Pa.  400 1920 

Kean  v.  Kinnear,  171  Pa.  639 1588 

Keller  v.   Scranton,  200  Pa.   130 1640 

Keller   v.    Scranton,  202    Pa.   586 1640,  1645 

Keller's  Appeal,  5  Super.  Ct.  222 1777 

Kelly  v.   Stephens,  2  Foster  335 1971 

Kelly,  Jr.  v.  Gumbert  et  al.  69  P.  L.  J.  796,   1646 


£27 

Section 
Kcnnett  Electric  Light  Co.  v.  Kenneft   Square  Bprough,  4  I  >.  II.  707;   g.  <•. 

9  York  65 ;  6  1  »el.  229 2136 

Keystone  Surgical  Supply  Company  v.  Bate,  1S7  Pa.  460, 2136 

Kidder  Township  Road,  9  Luz.  10 1734 

Killbuck  Private  Road,  77  Pa.  39 1740,  17US 

Kingston  Scbocl  District   v.  Luzerne  County  et  al..  17  Luz.  L.  R.   131;  b.  >•. 

6  M.  L.  R.  197 1646 

Kitchen  v.  Smith,  101  Pa.  452 " 1587 

Knapp  v.  Miller.  133  l'a.  275 1982 

Kohler  v.  Butler  County,  31  Super.  Ct.  305 1738.  1757 

Kohler  v.  Reitz,  40  Super.  Ct.  350 1684 

Kowalski  v.  Northumberland  County,  25  1 ».  It.  313 1539,  1541' 

Krebs  Road,  64  Super.  Ct.  492 1777 

Kreider  v.  Hensel,  8  Lane.  L.  R.  83, 1563 

Krensler  v.  McKees  Rocks  School  District.  250  Pa.  281 1040 

Krier's  Private  Road,  73  Pa.  109 1780 

Lackawanna  County  v.  Duffy,  24S  Pa.  575 2132 

Lackawanna  Township  Road.  112  Pa.  212 1741,  1745 

Laird  v.  Greensburg,  8  Pa.  C.  C.  621,  1645 

Lancaster  City  v.  Haller,  35  Lane.  L.  R.  !)7  :  27  D.  R.  80.'? 1690,  1714 

Lanfer  v.  McGovern,  6  North.  C.  R.  158,  1587 

Lansdowne  Borough  v.  Burdsall,  26  D.  R.  938:  s.  c.  31  York  84;  14  Del.  325.  1686 
Lansdowne   Borough    v.    Ilartel,   48    Super.    Ct.   430;    affirming   11   Del.   356, 

458,     1688,  1690.  1715 

Laporte  Borough  v.  Walsh,  28  D.  R.  650 1686 

Lathrop  Township  Road,  84  Pa.  126, 1741 

Leet  Township  Re  ad.  159  Pa.  159,   1739,  1758 

Lefevre  v.  Ranck,  2  I  )el.  380 ' 1982 

Lehigh  Coal  and  Navigation  Company's  Appeal,  112  Pa.  360 1643 

Lehigh  County  v.  City  of  Allentown,  4  Leh.  176. 2146 

Lehigh  Township  Road,  17  Pa.  C.  C.  236 1883 

Lesser   \.    Warren    Borough,   237    Pa.   501.   affirming   21    D.   R.   578;   60   P.  L. 

J.  619  ;  3  M.  L.  R.  153,   1640 

Lewis  v.   Ilavard.  1   Chester  Co.  189 1588 

Liberty  Township  Road,  40  Pa.  C.  C.  376 ;  s.  c.  28  D.  R.  98, 1795 

Ligonier  B<  rough  v.  Deeds  et  al.  3  West  200 1693 

Ligonier  Borough  v.  Presbyterian  Church,  22  D.  R.  868;  s.  c.  2  West  233 ;  4  M. 

L.   R.   220 1685 

Limestone  Township  Re  ad.  67  Super.  Ct.  105,  affirming  44  Pa.  C.  C.  267 1779 

Lloyd  v.  Mtoona  City,  134  Pa.  545 1661 

Londonderry  Township  Roads,  129  Pa.  244 1785 

Long  v.  Cheltenham  Township  School  I  district,  20!)  Pa.  472, 1641 

Long  v.  Lemi  yne  Borough,  222  Pa.  311,  318 2136 

Long  et  al.  v.   Phillips,  241    Pa.  L'40,    1594 

Loretto  Road,  29   Pa.  350 1777 

Lower  Allen  Township  Road,  18  Pa.  C.  C.  298 1745 

Lower   Merion   Township   Road.   22    Pa.    C.    C.   045 1734,   1735 

Lower    .Merion    Township    Read,    58    Pa.    tit) 1734.1735 

Lower  Saucon  Township  Road,  6  North.  C.  R.  221,   1726.  1732 

Lower  Windsor  Township  Road,  30  York  148 1746 

Lowry  v.  Millcreek  Township,  61  Super.  Ct.  285,   1746 

Loyalhanna  Creek  Bridge,  45  Pa.  C.  C.  311 1883,  1912 


528 

Section 

McAdoo  Borough  v.  Dailey,  13  M.  L.  R.  17;  s.  c.  17  Sch.  120,  2136 

McAllister  v.  Armstrong  Co.  20  Pa.  C.  C.  201, 1514,  1515 

MeCandless  Township  Road,   110   Pa.  605,    1779 

McClain  v.  Warren,  14  Pa.  C.  C.  397,  1982 

MeCormick  v.  Allegheny  County,  263  Pa.   146,   1802,  1803 

Mel  Jraeken  v.  Elder,  34  Pa.  239 1589 

^icCurdy  v.  Thompson,  2  Lane.  L.  R.  297,  1982 

Mr-McDonald  Borough  v.  Williams,  41  Pa.  C.  C.  157 1690,  1714 

McGuire  v.  Philadelphia,  245  Pa.  287,   1652 

McKeesport  v.  Allegheny  County,  21  D.  R.  326 ;  s.  e.  60  P.  L.  J.  248 2145 

McKeesport  Borough  v.  Fidler,  147  Pa.  532,   1676 

McKenna  v.  Dunmore  Borough,  17  D.  R.  908;  s.  c.  8  Lack.  J.  282;  2  Leh. 

332 ;  6  Just.  L.  R.  169  ;  21  York  103, 2127 

M.Kenzie's  Election,  13  Pa.  C.  C.  546 ;  s.  c.  2  D.  R.  518, 1531 

McKinney  v.  York  Co.  8  Del.  551 ;  s.  c.  16  York  121, 1515 

McKinnon  v.  Mertz,  225  Pa.  85  ;  affirming  56  P.  L.  J.  195, 1640 

McLaughlin  v.  Summit  Hill  Borough.  224  Pa.  425,  24,  44,  1646 

Madison  and  Harmony  School  House  Road,  37  Pa.  417,   1778 

Magn<  lia  Avenue,  117  Pa.  56, 1738 

Maloney  v.  Simpson.  226  Pa.  479,    1697,  1714 

Manchester  Township  Supervisors  v.  Wayne  County  Commissioners,  257  Pa. 

442,     1818 

Manheim  Township  Road,  12  Super.  Ct.  279,   1777,  1784 

Manifold  v.  City  of  York.  15  D.  R.  101  ;  s.  c.  19  York  85, 2146 

Mann  v.  County  of  Allegheny  et  al.  65  P.  L.  J.  316,  1747,  1749 

Manor    Township    Auditors'    Report,    37    Lane.    L.    R.    167 ;    s.    c.    29  D. 

R.    1001,    286,  310 

Mansfield  Borough's  Appeal,  158  Pa.  314, 1757 

Marietta  Borough  v.  Telephone  Co.  36  Lane.  L.  R.  269,  271 ;  s.  c.  11  M.  L.  R. 

106 ;  29  D.  R.  32  ;  .'!7  Lane.  L.  R.  255,  2107 

Marion  Street,  Lancaster,  10  Lane.  L.  R.  175,   1745 

Marshall  v.  Ellwood  City  Borough,  189  Pa.  348 ;  s.  c.  43  W.  N.  C.  482, 2136 

Martin  v.  Greenwood,  27  Super.  Ct.  245, 1683 

Martin  v.  Reed,  10  Pa.   C.  C.  614,   1982 

Mason  v.  Township  of  Hanover  et  al.  19  Luz.  239,  247, 2056,  2062 

Meginnis  v.  Xunamaker,  64  Pa.  374,  1747,  1749 

Mellick  v.  Railroad  Company,  203  Pa.  457,  reversing  17  Super.  Ct.  12, 1785 

Mellinger  v.  Deibler,  1  Lane.  L.  R.  73, 1971,  1974 

Melh  n  v.  Borough  of  Springdale,  60  P.  L.  J.  485;  s.  e.  4  M.  L.  R.  33, 1736 

Mifflin  Township  Road,  10  Pa.  C.  C.  74, 1739,  1758 

Mifflin  Township  Road.  68  Super.  Ct.  281,   1728 

Mifflin  Township's  Petition.  05  P.  L.  J.  36,   1728 

Milford  Borough  v.  Milford  Water  Company,  124  Pa.  610, 2136 

Mill  Creek  Bridge,  17  D.  R.  891, 1883,  1887 

Mill  Creek  Road,  9  Pa.  C.  C.  592  :  s.  c.  8  Lane.  L.  R.  301, 1732 

Miller  v.  Westmoreland  Coal  Co.,  40  Pa.  C.  C.  399  ;  s.  e.  22  D.  R.  904. 1673 

Miller  et  al.  v.   Gorman  and  Creston,  38  Pa.  309,    1551 

Miller's  Estate,  18  D.  R.  225 1676 

Millerstown  v.  Frederick,  114  Pa.  435,   1640,  1645 

Millvale  Borough,  Appeal  of  Howard  et  al.  162  Pa.  374,  1644 

Mitchell  v.  Berlin  Township,  28  D.  R.  903, 2136 

Mitchell  v.   Wolf,  46  Pa,  147,    1971,  1974 


529 

Section 
Monessen  Borough  \.  Cent.  1  >.  &  P.  T.  Co.,  51   Super.  Ct.    152;  affirming  21 

I).  R.  904;  1   Wesl  240 2107 

Mom  ngahela  River  Bridge  •'.».  v.  Kirk.  46  Pa.  112 1920 

Moore  v.  Marsh,  60  Pa.  40 1588 

Moore  v.  Troul  and  Groff,  2  Del.  L3 1971 

Morris  v.  Hainer,  16  Pa.  C.  C.  4G8;  s.  c.  4  D.  R.  G35 ;  43  P.  L.  J.    (o.  8.) 

133 1711 

.Morton  Borough  v.  Smith,  23  D.  R.  1071  :  s.  c.  12  I  >el.  523  :  5  M.  L.  R.  282,  . .  1(>80 

Mosier  v.  Potter,  11  Just.  L.  R.  51 1563,  1589 

.Motor  Vehicle  Fines,  68  P.  L.  J.  698 1951 

Motor  Vehicles,  1920  Dau.  70;  s.  c.  68  P.  L.  .1.  194;  6  Den.  Rep.  525 1946 

Mount  Joy  Township  Road,  25  Pa.  C.  C.  111 1739 

Mcunt   Oliver    Borough    v.    First    German    Evangelical   Lutheran    St.    Paul's 

Congregation  of  East  Birmingham,  51  Super.  Ct.  343 1685 

Muhlenburg  Township  Road.  4  Berks  170 '.  .  1739 

Murphy  v.  I  >ressler,  14  1>.  R.  129 ;  s.  c.  2  Just.  L.  R.  149 1971,  1972 

Mussina  v.  Clinton  Co.,  35  Pa.  C.  C.  155 ;  s.  c.  17  D.  R.  1093 2146 

Myersdale  Borough  v.  Somerset  Tel.  Co.,  68  Super.  Ct.  385 2107 

Nanticoke  Borough  v.  Bell  Telephone  C<  mpany,  47  Super.  Ct.  184, 2105 

Nescopeck  Bridge,  21  W.  N.  C.  420 1883 

Nescopeck  Township   Road.   2   York  20 1734,  1739 

New  I  lanover  Road,  18  Pa.  220 1739 

N.  Y.  &  P.  T.  and  T.  Co.  v.  Coudersport  Borough,  49  Super.  Ct.  46,  revers- 
ing 38  Pa.  C.  C.  33 ;  20  D.  R.  346;  2  M.  L.  R.  223 2105 

Newton  Township  Road,  23  D.  R.  482,   1777 

Newton  Township   Road.    02   Super.    Ct.   519 1758 

Newville  Road  Case,  8  Watts,  172 1751,  1758,  1759 

Nichol  et  al.  v.  Mussman  et  al.,  64  P.  L.  J.  435;  s.  c.  8  M.  L.  R.  25;  26 

D.    R.    217,    2055 

North  Franklin  Township  Road.  8  Super.   Ct.  358 1745 

North  Strabanc  Township,  35  York  90 ;  s.  e.  69,  P.  L.  J.  579,   183 

North   Union  Township  Road.  150  Pa.  512 1738 

Norwood  Borough  v.  Keystone  Tel.  Co.  64  Super.  Ct.  261,  affirming  13  Del. 

181 ;  6  Leh.  262 ;  7  M.  L.  R.  182 ;  29  York  46 2105 

Odenwelder  v.  Frankenfield,  153  Pa.  526,    1965 

Ogle  Township,  Tax  Collector's  Bond,  1   Somer.  L.  J.  69;   s.  e.  30  D.  R. 

141 183.  1501 

O'Hara  Township  Road,  87  Pa.  356,  . . . : 173S.  1741 

<  fllara  Township  Road,  152  Pa.  319 1739 

Ohio  and  Ross  Township  Road.  166  Pa.  132 1758 

Oil  City  v.  Hartwell,  164  Pa.  348,   1698 

oil  City  Building  and  Lean  Association  v.  Shanfelter,  29  Super.  Ct.  251,  ..  1683 
old  Forge  Borough  v.  Foley  Estate.  07  Super.  Ct.  125,  reversing  17  Lack.  .T. 

197 1090 

O'Malley  v.   Olyphant.   IDS   Pa.  525 1640 

I  )pening  of  Knox  Street,  12   Super.   Ct.   534 17.".!) 

Opening  of  Wharton  Street,  48  Pa.  487.   .  : 17 lit 

Opinion  by  William  H.  Keller.  First  Dep.  Amy.  Gen.  3  Dep.  Rep.  3053,   ..  1841 

Ottercreek  Township  Road,  104  Pa.  201,   1735 

Otto  Township  Road.  181   Pa.  390 1 75  I 

Overfield  Township  Road.  25  Super.  Ct.  5 1758 

Overton  Township  Road.  12  D.  R.  317,   1765 


84 


S3* 

Section 

Palmer  v.  Silverthorn,  32  Pa.  05, 1905 

Palmer  Township,  16  D.  R.  10;  s.  c.  10  North.  C.  R.  181 ;  19  York  191 1732 

Palmer  Township  Road,  4  D.  R.  508,   1758 

Parnassus  Borough  v.  Parnassus  United  Presbyterian  Church,  43  Pa.  C.  C. 

142  ;  s.  c.  4  West  155,   1685 

Payments  to  dependents  of  enlisted  employes.     Opinion  by  Dep.  Atty.  (Jen.  4 

1  >ep.   Rep.   425,    1521 

Payments  to  dependents  of  enlisted  State  employes.     Opinion  by  Dep.  Atty. 

Gen.  3  1  >ep.  Rep.   2949 1521 

Payments  to  dependents  of  enlisted  State  employes.     Opinion  by  Dep.  Atty. 

Gen.   3  Dep.   Rep.   2983 1521 

Payments  to  dependents  of  enlisted  State  employes.     Opinion  by  Dep.  Atty. 

Gen.  3  Dep.  Rep.  3237,   1522,  1523 

Payments  to  dependents  of  enlisted  State  employes.     Opinion  by  Dep.  Atty. 

Genu  3  Dep.  Rep.  2983 1522 

Payments  to  dependents  of  enlisted  State  employes.     Opinion  by  Dep.  Atty. 

Gen.   3  Dep.   Rep.   2313,    1521,  1522 

Payments  to  dependents  of  enlisted  State  employes.     Opinion  by  Dep.  Atty. 

(Jen.   3   Dep.   Rep.   2190 1521,  1522 

■Payments  to  dependents  of  State  employes.     Opinion  by  Dep.  Atty.  Gen.  3 

Dep.  Rep.  3441,    1521,  1523 

Pearl  Street,  111  Pa.  565 ;  s.  c.  15  W.  N.  C.  205,  1738 

Pearson  v.   Kantner  et  al.  8   Sch.  03,    1645,  1047 

Penn  Township  v.   Perry   County,  78   Pa.  457,    1883 

Penna.   Gas  Company's  Petition,  258  Pa.  234,    2107 

Pequea   Creek   Bridge,   08   Pa.   427,    1883 

Petition  of  Lewis  Palmer.  1  Del.  209,   1758 

Petition  of  Postal  Tel.  Cable  Co.,  57  P.  L.  J.  49, 2107 

Petition  of  Telephone  Co.  63  P.  L.  J.  401,   2105 

Phelps  et  al.  v.  Philadelphia  et  al.  12  Phila.  300,  : 1073 

Philadelphia  v.  Dale,  50  Super.  Ct.  342,    1092 

Philadelphia  v.  DeArmond,  03  Super.  Ct.  430 1070,  1088 

Philadelphia  v.  DeHaven,  41  Super.  Ct.  265 1076 

Philadelphia  v.  DeHaven,  38  Super.  Ct.  541 1676 

Philadelphia  v.   Elliott,  23  D.   R.  043 1088,  1700 

Philadelphia  v.  Fairhill  Railroad  Company,  Nes.  1  and  2,  41  Super.  Ct.  245, 

240 1682,  1685 

Philadelphia  v.  Hyde,  48  Super.  Ct.  269 1684,  1714 

Philadelphia  v.  Kinkaid.  et  al.  24  D.  R.  287 1690 

Philadelphia  v.  Lewis,  40  Pa.  C.  C.  698;  s.  e.  22  D.  R.  176 1090,  1714 

Philadelphia   v.   Mason.   37   Super.   Ct.   47S 1088,  1097,  1720 

Philadelphia  v.  McLinden,  205  Pa.  172,  affirming  26  Pa.  C.  C.  287, 2005 

i  'hiladelphia  v.  Meighan,  15  D.  R.  10,   1690 

Philadelphia  v.  Pemberton,  208  Pa.  214 1679,  V.84 

Philadelphia  v.  Pemberton,  206  Pa.  73 171!) 

Philadelphia  v.  Pemberton,  25  Super.  Ct.  323,  reversing  29  Pa.  C.  C.  252;  s. 

e.  32  D.  R.  743 1670,  1084 

Philadelphia   v.    Philadelphia    and    Reading    R.    R.    Co.,    38    Super.    Ct.   529, 

531,    1082,  1085 

Philadelphia  v.  Street,  41  Super.  Ct.  503, 1688 

Philadelphia  v.  Unknown.  24  D.  R.  753,   1697 

Pike  County  v.  Rowland,  94  Pa.  238, 1640 


531 

SUctiea 

Pike  Township  Road,  30  Super.  Ct.  G44,   1705 

Pine  Creek  Township  Bridge,  24  D.  R.  401 1884 

Pine  Greek  Township  Road,  17  D.  R.  86;  a.  c.  24  Mont.  9 1748 

Pitt  Township  Road,  1   Pa.  356,    1745 

Pittsburgh  v.  Calvary  Cemetery  Association,  44  Super.   Ct.  289 1685 

Pittsburgh  v.  Mbreland,  47  P.  L.  J.  11)5 2131 

Pittsburgh  v.  O'Brien,  239  Pa.  CO,  affirming  GO  P.  L.  J.  545 1698 

Pittsburgh  and  Allegheny  Telephone  Co.  v.  Braddock  Borough,  43  Super.  Ct. 

156,  affirming  56  P.  L.  J.  372 2105 

Pittsburgh  and  Lake  Erie  R.  II.  Co.  v.  Lawrence  County.  198  Pa.  1 1883 

Pittsburgh  Hunting  Club  v.  Snyder,  51  Super.  Ct.  174 1504 

Plainfield  and  Washington  Township  Road,  50  Super.  Ct.  479,  reversing  14 

North.    C.    R.    10 1770 

Planting  of  Trees  along  Public  Roads,  8  Dau.  6 1597 

Piatt  et  ux.  v.  Newport  Township,  21  Luz.  355 660 

Plumcreek    Township    Road,    110    Pa.    544 170s 

Pocopson  Road,  16  Pa.   15 1709 

Popp  v.  Eamigh,  54  Super.  Ct.  203 1564,  1588 

Port  Clinton  v.   Postal  Tel.  Co.  4  Sch.   178 2107 

Postal  Telegraph  Cable  Co.  v.  Altoona,  58  Super.  Ct.  24,  2105 

Postal  Tel.   Cable  Co.  v.  HoUidaysburg  Borough,  17  D.  R.  298,    2107 

Postal  Tel.  Cable  Company's  Petition,  57  P.  L.  J.  49,   2107 

Postal  Telegraph  Co.  v.  City  of  Lancaster,  18  D.  R.  874 2107 

Potters  National  Bank  v.  Ohio  Township,  200  Pa.  104 1643 

Pottstown  Bridge.  5  Pa.  C,  C.  334 1883 

Private  Road  of  Wright  in  Black  Creek  Township.  19  Luz.  L.  R.  37 1757 

Prospect  Park  Borough  v.  Duhring,  14  Del.  315,    1080,  1687,  1690,  1699 

Prospect  Park  Borough  v.  McCoach,  52  Super.  Ct.  527,    1693 

Prospect  Park  Borough  v.  Wyndham,  8  M.  L.  R.  55;  s.  c.  14  Del.  117 

1087,  1096,  1099 

Public  Roads.     Opinion  by  Dep.  Atty.  Gen.  14  D.  R.  288 1597 

Punxsutawney  v.  Cormalt,  44  Super.  Ct.  305 1686 

Punxsutawney   Borough   v.   N<  rdstrom,  61   Super.  Ct.  253 1088 

Punxsutawney  Borough  v.  Wingert,  63  P.  L.  J.  155 1GS8 

Punxsutawney  Borough  v.  Western  Union  Tel.  Co.  18  D.  R.  308 2107 

Rafalovitch  v.  Klinger  Company,  66  P.  L.  J.  277 1017 

Rainsburg  Borough  v.  Fagan,  127  Pa.  74 :  s.  c.  12  M.  L.  R.  177 1645 

Ransom  Township  Road,  15  Lack.  J.  109 1735 

Ralpho  Township  Supervisors  v.  Cardell,  4  Northum.  L.  J.  303;  s.  c.  15  Del. 

389  ;  9  Leh.  107 699 

Rapho  Township   Road.   22  Lane.   L.   R.   29 1778 

Reading  v.  Moers,  11  Berks  229;  s.  c.  11  Af.  L.  R.  95, 1088 

Ri  ber's   Petition,   235   Pa.   022 1751 

Reserve  Township  Road.  2   Grant  204 1758,  1769 

Richards  v.  Borough  of  Freedom,  65  P.  L.  J.  GOO;  s.  c.  34  Lane.   L.  R.  305.  1936 
Riebe  v.  Walton,  18  Pa.  C.  C.  289;  s.  c.  sub  nomine  Riebe  v.   Lansford  Bor- 
ough, 5  D.  R.  557,    2136 

Road  and  Bridge  Viewers,  8  Pa.  C.  C.  557,   1732 

Road  between  Priceville  and   Scott  Township.   1    Lack.  J.   171 1720.  1755 

Road  Case,  3  W.  &  S.,  550 1 74.". 

Road  Case,  4  W.  &S.,  39 1745 

Road  in  Blakely,  Dickson  and  Scott,  1  Lack.  .T.  321 ;  s.  c.  4  Del.  233, 1784 

Road  in  Bloomsburg  and  Scott  Townships,  11  D.  R.  93,   1730,  1745" 


532 

Section 

Road  in  c<  vington,   No.  2,  1    Wilcox    121 1770 

Road    in   Crescen)    and   Moon   Townships,   04    P.    L.   J.   052;    s.   c.   30    York 

130 1728,  1740 

Road  in  Curtin  and  Boggs  Townships,  23  Pa.  C.  C.  328 1728 

Road  in  Dallas  and  Kingston  Townships,  7  Luz.  L.  R.  147,   1770 

R<»ad  in  Exeter,  2  Woodw.  209 1777 

Read  in  Fulton  Township,  23  I  >.  R.   678 485 

Road  in   Green  and  Guilford  Townships,  21   Super.  Ct.  418 1728 

Road  in  Health  and  Barnett  Townships,  21    Pa.  C.  C.  254;  s.  e.  4  Lack.  L. 

X.  261 1778 

Road  in  Lake  and  Dallas  Townships,  12  Luz.  L.  R.  217,   1784 

Road  in  Middle  Creek  and   Union  Townships,  !>  Pa.  »i!) 1745 

Road  in  Montrose,  4  W.  &  S.  31) 1745 

Road  in  Norrit<  n  and  Whitpain  Townships,  4  Pa.  337,   1745 

Road  in  Penn  and  Warwick  Townships,  11  Lane.  L.  R.  331, 1741,  1758 

Road  in  Potter  and  Tioga  Counties,  10  D.  R.  450;  s.  c.  8  North.  C.  R.  91,  1728,  1777 
Road  in  Rapho  and  East  Donegal  Townships.  17  Lane.  L.  R.  108;  s.  c.  7  Del. 

571  ;    7   North.   0.   R.   171, 1778 

Road  in  Scctt  and  Union  Townships  and  Green  Tree  Borough,  17  D.  R.  791,     172G 

Road  near  La  Grange  Station.  43  Pa.  C.  C.  383 1758 

Roaring-  Creek  Road,  11  Pa.  356 1727 

Robinson  v.  Fetterman,  14  Atl.  245 1982 

Roche's  Private  Road,  10  Super.  Ct.  87 1739 

Rohrer  v.   Rohrer,   IS   Pa.   307,    1965 

Rothey   v.   Worcester,  33   Pa.   C.  C.   168 ;   s.   c.   16  D.   R.   692;   54   P.   L.  J. 

297,    1971,  1972 

Rowley  v.  Greenville  Borough  Schcol  District.  40  Pa.  C.  C.  140 15<>0 

Roy  v.   Columbia  Borough,  192  Pa.  140,    1646 

Rule  to  strike  oft'  tax  lien  against  Schappert,  18  Luz.  L.  R.  70. 1690 

Rush  Township  Road,  10  1 ).  R.  650,    1738 

Sadsbury  Township  Road,   147  Pa.  471 1720,  1735 

Sanger  v.  Commonwealth,  258  Pa.  239,  affirming  45  Pa.  C.  C.  452,  ....   1777,  1795 

Safe  Deposit  Bank  of  Pottsville  v.  County  of  Schuylkill,  190  Pa.  188 1645 

St.  David's  Church   v.   Sayers,  244   Pa.  300 495 

Salem  Township  Road,  23  D.  R.  14<) 1728,  1780 

Salem  Township  Road,  103  Pa.  250,   1739 

Sandy  Lick  Creek  Road.  51    Pa.  04 1768,  1769 

Scheidy  v.  Iluey,  18  D.  R.  007 1002,  1003 

Schuldiee  v.  Pittsburgh.  234  Pa.  90,  affirming  50  P.  L.  J.  192,  1040,   1044,   1045,  1052 

Sehuldice  v.   Pittsburgh.  251    Pa.  28 1040,  1644,  1045,  1652, "1659 

Schuylkill  County  Commissioners  v.  Snyder,  20  Pa.  0.  C.  040 1044 

Schuylkill  River  Road.  19  Super.  Ct.  370 1735 

Scott   v.    Whitely,   2   Clark   1 1S 1588 

Scott  Township  v.  Davis.  68  P.  L.  J.  217,  affirmed  in  77  Super  Ct.  352.     1077.  1688 

Scran  ton  v.  Carter  Estate,  21  Lack.  J.  68,   1686 

Scranton   v.   Genet,  232   Pa.  272 1688 

Scranton    v.   Kennedy,  22   Lack.   .1..   183 1697 

Scrantcn  v.  Koehler,  36  Super.  Ct.  95.  affirming  8  Lack.  .1.  83 1000 

Scranton  v.  Vail  et  al.  6  Kulp  237,    1050,  1660 

Scranton  City  v.  McAnulty,  26  D.  R.  00;  s.  <•.  8  M.  L.  R.,  31  ;  17  Lack.  .1.  107.  1000 
Scranton   City    v.   Meadow    Brook    Rand   Company.   20  Lack.  .1.  33  ;   28  D.   R. 

882,     1697 

Scranton   ( 'ity   v.  Richmond,  Hi  Lack.  J.  64,    1688 


533 

Section 
Scranton  City  v.  Scranton   Hosiery  .Mills.    II   Pa.  C.  C.  87;  s.  <•.   16  Lack.  J. 

275 1688,  1696,   1607 

Scranton  City  v.  Stokes  Nos.  1  and  2,  28  Super.  Ct.  434,  437 1688,  1696,  1720 

Scranton  Sewer,  213  Pa.  4 562,  168 1 

Sedgwick  v.  Erie  Co.,  7  Just.  L.  R.  218 214G 

Sener  el  al.  v.  Ephrata  Borough,  176  Pa.  80 1047 

Sewickley  Township   Road,  26  Super.  Ct.  .".72 f 1730 

Shady   Avei 34    Super.    Ct.   -".27,    1686 

Sharett's   Road,   8   Pa.  89 175.". 

Sharpsvillc   Borough   v.   Randall,  7.-!  Super.  Ct.  61 1604 

Shaw  v.  Commonwealth,  72  Pa.  68 1982 

Shetzlii i  al.  v.  Layer,  1!>  D.  it.  1025 2008 

Shrewsbury  Township  Road,  14  D.  R.  468 1728 

Shugar  \ .  Maily,  4  Pa.  C.  C.  77 1071 

Singer  et  ai.  \ .  I  >etrick,  9  .Fust.  L.  R.  105 19G2 

Sinnemahoning  Iron  and  Coal  Company  v.  Cameron  County  et  al.,  12  Pa.  C. 

C    2!>1 1594 

Siller  v.  Singer  Mfg.  Company.  30  Pa.  C.  C.  1 :  s.  e.  14  D.  R.  382, 1588 

Smedley  v.    Irwin.  51    Pa.  44fi 17.".:; 

Smeich  v.  York.  68  Pa.  480 1588 

Smith  and  Warren  v.  Meadow  Brook  Brewing  Company.  3  Lack.  J.,  145.   ..  1593 

Smithficld  ( 'reek   Bridge,  6  Wh.  363 1883,  1887 

Snavely  v.  Leaman,  38  Lane.  L.  R.  3 1042 

Snyder  v.   Brookville   Borough,  12  .Inst.   L.   R.  234 2136 

Snyder  v.  School  District  of  Greensburg  et  al.  15  Lack.  J.  317;  s.  c.  4  West. 

L.  J.  13 1052 

Snyder  et  al.  v.  Commissioners  of  Schuylkill  County,  100  Pa.  440,  affirming 

20  1'a.  C.  C.  04!) 1644,  1652,  1659 

Somerset   Borough   v.    Sweitzer,   54   Super.   Ct.   283 1G90 

Somerset  Township  Supervisors  v.  County  Commissioners,  251  Pa.  164 1818 

Somerville  v.  Gallaher,  13  Pa.  C.  C.  000 1561 

South  Abingtt  n  Township  Road.  100  Pa.  118 1728,  1735,  1738,  1739,  1752 

South  Shenarigo  Township  Road.  25  Pa.  C.  C.  587 1734,  1777 

Spatz  v.  School  Districts  of  Heidelberg  and  Robesonia,  25  D.  R.  452;  s.  c.  7 

Perks    222 1.143 

Spring   Garden    Road.    4:'.   Pa.   144 1728 

Springfield  Township  v.  Public  Service  Commission,  74  Super  Ct.  217 381 

Springfield  Township  v.  Public  Service  Commission,  74  Super.  Ct.  220, 386 

State  Highway.     Opinion  by  Dep.  Atty.  Gen.  3  Pep.  Rep.  2600 1820 

State  Highway  Commissioner  v.  Chambersburg  and  Bedford  Turnpike  Com- 
pany,  242    Pa.    171 1821 

State  Highway  Repairs.     Opinion  by  Dep.  Atty.  (Jen.  3  Pep.  Rep.  3053 1820 

State  Highways.     Opinion  by  Dep.  Atty.  Gen.,  1915-1916,  Report  and  Official 

Opinions   of   the   Attorney    General,    261,   204 INL'O 

State  Highways.     Opinion  by  Dep.  Atty.  (Jen.,  1015-1010.  Report  and  Official 

Opinion   of  the   Attorney    General,   207 1826 

Stat.-  Officers  and  Employes.     Opinion  by  Dep.  Atiy.  (Jen..  .",  Dep.  Rep.  3405.  1521 

State   Road    from    Phoenixville   to  the   Trappe.   52   Pa.    162 1781 

Steelton   Borough's  Election,  22  Pa.  C.  C.  593 1040 

Stephens    v.    Shriver,    2.".    Pa.    78 1967 

Stevenson  v.  Henderson.  234  Pa.  478.  affirming  39  Pa.  C.  C.  237;  •">!>  P.  L.  .1. 

665 1561 

Stewart  v.  Benninger,  138  Pa,  437,    T  .  . .  r 1982j 


584 

Section 

Stewart   v.   Maple,  70   Pa.   266 1551 

Stewart's   Private   Road,   38   Super.   Ct.  330 1768 

Stcreh  v.  Lansdowne  Borough.  239  Pa.  306,   1646 

Stowe  Township  v.  Sterrett,  66  P.  L.  J.  700 1688,  1600 

Stowe  Township  Road,  20  Super.  Ct.  404 1739 

Strasburg  Township  Road,  15  D.  R.  666;  s.  c.  23  Lane.  L.  R.  04, 1739,  1778 

Street  v.  Commonwealth,  6  W.  &  S.  209 1545 

Strouser  v.  Rosier,  58  Pa.  496,   1982 

Stuber's   Road,    28    Pa.    199 1780 

Swatara  Township  School  District's  Appeal,  1  Super.  Ct.  502,   1561 

Tarentum  Bore  ugh  v.  Moorehead,  26  Super.  Ct.  273 1688,  1720 

Taylor  v.  Philadelphia,  261  Pa.  458,  reversing  26  D.  R.  979 1997 

Templeton  v.  Williams.  29  Super.  Ct.  272.  affirming  24  Mont.  194  ;  22  York  11,  1514 

Tiegel  v.  Love..  62  P.  L.  J.  532,  affirmed  in  61  Super.  Ct.  149, 1697,  1720 

Towamencin  Road,  23  Pa.  C.  C.  113,    1728 

Troop  v.  Pittsburgh,  254  Pa.  172.   .- 1640 

Tubbs  v.  Tioga  County.  16  D.  R.  318 ;  s.  c.  32  Pa.  C.  C.  504 1605 

Tulpehocken  Township  Road,  21  D.  R.  158 ;  s.  c.  3  Berks,  387 1740 

Turner  v.  Richards.  34   Super.   Ct.  624,    1962 

Twenty-eighth   Street,   102  Pa.   140,    1738 

Umbria   Street,  32  Super.   Ct.  333 1739,  1740 

Union  Dale  Cemetery  Company's  Case,  227  Pa.  1 1685 

Union  Tel.  Co.  v.  Greenville  Borough,  18  D.  R.  932 ;  s.  c.  36  Pa.  C.  C.  197,  2107 

Union  Township  Road,  10  Pa.  C.   C.  433 1779 

United  Brethren  Congregation  v.  Emails  Borough,  56  Super.  Ct.  136, 1736 

United  Telephone  and  Telegraph  Company's  Petition,  31  Pa.  C.  C.  481 ;  s.  c. 

4  Just.  L.  R.  280 ;  10  Del.  20  ;  7  Lack.  J.  85 ;  15  D.  R.  193. 2109 

Upper  Darby  Township  Read,   15   Super.   Ct.   652 1739 

Upper  Mahanoy  Township  Road,  12  Pa.  C.  C.  618 1739 

Upper  Saucon  Township   Road,  3  Leh.   177,    1728 

Upper  Yoder  Township  Road,  61   Super  Ct.  394,   1758 

Upper  Yoder  Township  Road,   129   Pa.   640 1758 

Upsal   Street,  22   Super.   Ct.   150 1739 

Vacation    of   County   Road,    formerly    the    Maytown    and   Marietta  Turnpike, 

37  Lane.  L.  R.  475.    1803 

Vacation  cf  Public  Road,  69  P.  L.  J.  422 1779 

Vacation  of  Streets,  17  Phila.  660 :  s.  c.  1  Lane.  L.  R.  222,  270, 1780,  1783 

Van  Buskirk  et  al.  v.  Dawley,  91  Pa.  423,   1726 

Vandamayer  v.   Wood,  2  Ash.   203. 1971 

Vandermark  v.  Phillips,  116  Pa.  199,   1593 

Vernon   Park,  Philadelphia's  Appeal,  163  Pa.   70 1757 

Vernon  Township  Road,  70  Pa.  23,    1758,  1777 

Versailles  Township  Auditor's  Report.  23  D.  R.  781 ;  s.  c.  61  P.  L.  J.  497,  .  .  2136 

Voltz  v.  County  of  Erie.  3  Erie  Co.  L.  J.  52 1543 

Volunteer  Poliee.     Opinion  by  Dep.  Any.  Gen.  3  Dep.  Rep.  3 1517 

Volunteer  Police.     Opinion  by  Dep.  Atty.  Gen.  3  Dep.  Rep.  3320,    1518 

Volunteer  Poliee  Force.     Opinion  by  Atty  Gen.  4  Dep.  Rep.  1556 1517.  1519 

Volunteer   Police   Officers.     Opinion   by  Dep.   Atty.   Gen.   3  Dep.   Rep.  3625,  1519 

Wainright  r.  Mooney,  64  P.  L.  .T.  267  :  «.  e.  14  Del.  66 1688,  1711 

Walker'si  Election  in  Carboudale  Township.  3  Luz.  L.  R.   13© 1581 

Walnut  Street,  24  Super.  Ct.  114 1754,  1 757 

Walsh  v.  Borough  of  Throop,  18  Lack.  J.  130 2123, 


MS 

Warriorsmark  Township  Road,  126  Pa.  305 L738,   1751,  1759 

Washington  Road,  72  Super.  ( !t    104 1728,  1780,  4780 

Waters  v.  Tamaqua  Borough,  37  Pa.  C.  C.  65;  s.  c.  1!)  D.  It.   L075;  5  Sch. 

148 ;  2  M.  L.   R.  15 1040 

Weaver  v.  Block,  1   Just.  L.  R.  80;  s.  c.  18  Mont.  ID.") 196SF 

Weaver  v.  Schuylkill  Co.,   17  Super.  <"t.  327,  affirming  23  Pa.  C.  C.  507;  9 

D.  R.  467 1514,  1515 

Weber   v.   Greenebaum,   270   Pa.  382 1942' 

West  Bradford  Township  Road,  2  Chester  .''.in 1758 

West  Chester  v.  Postal  Telegraph  Cable  Co.  227  Pa.  384,  affirming  30  Super. 

Ct.  603  affirming  18  D.  R.  101 2105: 

West  Donegal  Township  Road,  13  D.  R.  88 1744 

West  Pikeland  Road,  63  Pa.  471 1735' 

West  Reading  Borough  v.  Schlegel  et  al.  9  Berks  169 1696 

West  Whiteland  Road,  4  Pa.  C.  C.  511 :  s.  c.  4  Montg.  11 1738 

Westfield  Borough  v.  Tioga  <  tounty,  150  Pa.  152 1883,  1941 

Weston  v.  Commonwealth  et  al.  50  Pa.  C.  C.  299, 1939 

Wheeler  et  al.  v.  Philadelphia,  77  Pa.  338 1662 

Whitby  Avenue,  22  Super  Ct.  526 1748 

Whiteley  Road.  2  Mon.  194 1779 

Widening  of  Chestnut  Streot.  128  Pa.  214 1757 

Widening  of  East  Avenue  in  the  Bcrough  of  Jenkintown,  7  Lane.  L.  R.  164; 

s.  c.  6  Montg.  45 1731,  1732 

Widening  Morion  Avenue,  4  Del.  452  ;  s.  c.  7  Montg.  102 1738 

Wilbur  v.   Loveland,  5  Luz.   122 1971,  1972 

Wilkes-Barre  v.  County  of  Luzerne,  5  Luz.  L.  R.  75,   1646 

Wilkes-Barre   City's   Appeal,   409   Pa.   554,    1645 

Wilkes-Barre  City's   Appeal,   116  Pa.  246 1659 

Williamsport   v.    Commonwealth,    84    Pa.   487,    1645 

Wilson  v.  Blaine  et  al.  262  Pa.  367,   1646 

Windber  Telephone    Company    v.    Scalp    Level    Borough.    47    Super.    Ct.    470,  2105 

Windsor  Township  Road.  44  D.  R.  415,    1728 

Winton  Coal  Company  v.  Campbell,  2  Lack.  J.  364 1593 

Witherop  v.  Titusville  School  Board  et  al.,  7  Pa.  C.  C.  451 1646 

Wolf  v.  Salem  Township,  35  Pa.  C.  C.  157  ;  s.  c.  17  D.  R.  1006 2127 

Wolford  v.   School  District  of  Upper   Salford,   46   Super.   Ct.   1,    affirming  8 

Just.  L.  R.   134,  135 2136 

W<  od  et  al.  v.  Winslow  Township,  26  D.  R.  575,  2136 

Woodward  v.  Fayette  County,  258  Pa.  375 1749 

Wright  v.  Luzerne  County,  67  Super.  Ct.  618 1795 

Wright  and  Slingluff  v.  Wigton  et  al.  84  Pa.  163 1588 

Wright  Township   Road,   14   Luz.   23 1728 

Wyoming  County  Road,  43  D.  R.  145  :  s.  e.  5  Lack.  J..  170 1778 

Yates  v.  Connellsville  Borough,  40  Pa.  C.  C.  33;  s.  c.  60  P.  L  J.  438;  4  M. 

L.  R.  26 ;  21  D.  R.  1048,   1640,  1652 

York  v.  Eyster  No.  2.  30  York  29.  affirmed  in  C^g  Super.  Ct.  104 16^7 

Ycrk    City    v.    Beitzol.    41    Super.    Ct.    194.    reversing   24    York    100:    2    Leh. 

315 - 1681,  1693,  1696,  1600 

York   City  v.    Eyster.   68   Super.   Ct.   404.   affirming   29   York    49:*,;   30    York 

29 1684,  1685 

Tork  City  t.   Holtaapple,  67  Super.   Ct.  596.  affirming  7   L*h.  193:  30  York 

173, 1684,  1690,  1695? 


536 

Sect  it  in 
York  City  v.  Miller,  254  Pa.    136,   affirming  60  Super.  Ct.  407.  reversing  28 

York    17 1687,   1600,  1090,  1699 

York  County  Commissioners  v.  The  Commonwealth,  ex  rel.  Smyser,  72  Pa.  24,     1883 

York  Township  R<  ad,  11  D.  R.  706 1738 

Yost's  Report,   17   Pa.  524 1753 

Young  v.  Couche,  52  Super.  Ct.  592,   1971,  1972 

Youngwood     Borough     v.    Cay,    7    West.    1,    affirmed    in    71    Super.    Ct. 

154 1676,  1681,  1688 

Zimmerman  v.  Reading,  18  D.  R.  1011 ;  s.  c.  1  Berks  114;  22  York  131,  .  .        1700 


537 

INDEX 

References   are   i"   Sections 
A<  BIONS,  Sec 

Against  townsliips, 

Affidavits  of  defense  not   required   to  be  filed   in 2123 

Appeal  by  tax  payer  in  behalf  of  township,   affidavits,  costs i.">!>!i 

Filing  in  court  of  common  pleas,  effect  of,   14<M> 

When    permissible 1398 

Defense  to   be   made   by   commissioners    <>r   supervisors 1395 

Execution  on  judgments,   procedure,    1396 

Judgements  by  justices  of  the  peace, 

Effect   of   failure   to   file   certificate   concerning, -1-7 

Entry  of  certificate  concerning,   by   prothonotary L'l'Jo 

Fees   of   prothonotary  for   entering   certificate,   concerning,    ..        2l!i<> 

Plaintiff  to  file   facts  concerning,   in   prothonotary's   office,    2124 

Process   to   be   served   upon  commissioners   or   supervisors 1395 

Tax  payer,  defense  of  suit  by,  filing  petition,  bond,    1397 

Tax  payer  may  inquire  into  validity  of  judgement.    1.">!»7 

By  townships, 

Appeal  by  townships  or  tax  payer  from  settlement  of  auditors,   .  .  '■'>'■'•- 

Brought   and   conducted   by   commissioners   or   supervisors,    L395 

Municipal  claims,    recovery   of,   jurisdiction 1401 

On  bonds   with   corporation   or   surety   company   as   surety,    to   be 
brought  in   county   in   which   township   is   located,  service 

of  summons,    2128-2130 

Executions    against    townships  on    judgements,    procedure    for,    1396 

Townships  of  the  first  class,  suits  by  and   against,  to  be  in  name  of,         380 

Townships  of  the  second  class,   to  be  in  name  of,    385 

ACTS  OF  ASSEMBLEY,  list  of  those  repealed  by  General  Township  Act,       1500 

AFFI1  >AY1TS  OF  DEFENSE,  townships  not  required  to  file.   I'll':; 

ANIMALS,  running  at  large  of,  to  be  regulated  by  township  commissioners,         .">Nl 
ARMORIES, 

Appropriation  for  by, 

Township    commissioners,    ::s ! 

Township  supervisors, 386 

Water,  light  and  fuel  for,  to  be  furnished  by, 

Township    commissioners,    381 

Township   supervisors,    386 

ASSESSMENTS,  see  TAXATION. 

ASSESSORS,  see  OFFICERS  AND  EMPLOYEES. 

ASHES,  see  GARBAGE. 

ASSISTANT  ASSESSORS,  see  OFFICERS  AND  EMPLOYEES. 

ASSISTANT  ENGINEER,  see  OFFICERS  AND  EMPLOYEES. 

ASSOCIATION, 

State  association  of  township  supervisors  and  commissioners, 

Expenses    of    annual    meeting    and    liability    for 1.">'_'7 

Expenses   of  delegates,   and  liability   for,    1526 

Formation,   purpose  and  meetings  of,    '. 1 52  I 

Representation   from   county    associations,    1525 

Statement  of  expenses  to  county  treasurers,  and  payment  of,   ..   1528,1529 
ASSOCIATIONS    OF   TOWNSHIP   COMMISSIONERS    AND    SUPER- 
VISORS, 
Compensation   of   officers,    l!iT 


538 

Sac. 

ASSOCIATIONS  OF  TOWNSHIP  COMMISSIONERS  AND  SUPERVI- 
SORS, Cont. 
Expenses   of   holding  conventions  of,   to   be   paid  by  county   treasurer,     a1!)8 

Formation   of,    195 

Officers   of 107 

Representatives  of  State  Highway  Department  to  be  eligible  to  member- 
ship   197 

Treasurer  of,  statement  of  cost  of  holding  conventions  to  be  filed  with 

county    treasurer,    by,    198 

AUDITORS,   see   OFFICERS   AND   EMPLOYEES. 
BOAR,  see  STRAYS. 

BOARDWALKS,    townships   of  the  first   class,   power   to   survey,   lay   out 
and  ordain  along  turnpike  roads,  State  highways  or  county 

roads 980 

BONDS,  see  also  FINANCE. 

Suit  on  where  corporation  or  surety  company  is  surety,  to  be  brought 
in     county     where     township      is     located,      service     of 

summons,    2128-2130 

BONE  BOILING  ESTABLISHMENTS,  establishment  of,  under  authority 

of  State  Board  of  Health,    2098 

BOUNDARIES,  see  TOWNSHIP  LINES  AND  BOUNDARIES ;  WARDS. 

BOUNDARY  LINES,  roads  on  State  boundary  lines,   1770 

BRIDGES,   see  BRIDGES   AND  VIADUCTS. 
BRIDGES  AND  VIADUCTS, 

Acceptance  by  county  of  former  township  bridge,   maintenance   of,    .  .        1913 

Appropriation   of   private   property   for,    1 891 

Assistance  in  construction  of,  by  county,  maintenance  of,    1911,1912 

Canals  or  railroads,  not  to  be  obstructed  by,   890,  902 

Causeways,  construction  of  when  required  by  erection  of  bridge,    ....        1880 
Connecting   township  with   city,   contract   for  construction   of,   by  city 

with   county,    1909.1910 

Construction  of  by  county, 

Advertising  for  bids,    1902 

Bond  to  secure  damages  for  taking,   approval  by  court,   effect  of,       1898 
Change  of  location  of,  when   reconstructed,   power  of  viewers,    .  .        1884 

Change  of  original  plans  for,   method   of,    1892 

City  or  borough  to  pay  part  of  cost  of,  agreement  for, 1907 

Contracts  by  county  with  corporations  or  persons  for  special  use 

of   bridge, 3903 

Contracts  for,   to  be  let  to  lowest  responsible  bidder,  security  for 

performance  of,    1902 

Costs  of  proceedings  to  assess  damages,  payment  of  on  repeal  of 

resolution   authorizing  construction,   before  entry,    1900 

Damages  for,  agreement  with  property  owners,  report  to  court,   .  .        1894 

Entering  upon  private  lands  for  surveys,  power  to,    1893 

Maintenance  of,  1908 

When  entered  as  county  bridge,   1885 

When  not  entered  as  county  bridge,    910 

Power  of,   1883,1884,1885,1891 

Power  to  borrow   money  for,   taxes  for,    1904,1905 

Procedure  for 1891 

Reconstruction    of   when    destroyed    by    floods,    freshets,   fire,    etc., 

loans  for,    1889,1890 


539 

BRIDGB«    AND    VIADUCTS,    Cout. 

Reconstruction  of  when   it  becomes   insufficent   for  accommodation 

of  public  travel,   procedure,    1 883 

Sireets  and  highways  of  boroughs  or  cities,  not  to  be  used  in,  with- 
out consent  of  authorities  thereof,    L906 

Viewers, 

Appointments  of,  to  assess  damages,  notice,   1805,1897 

Cost  of,  compensation  of L897 

Proceedings  before,  notice  of  meeting,  report  of,   1890 

Viewers'   report,  compensation   of,   appeal   from,  jury  trial,   appeal 

to  Supreme  or  Superior  Court,    1899 

When   crossing  boundry   line  .between   township   and  borough,    .  .  .        1885 
When  expense  of  is  more  than  township  can  bear,  procedure,  1883,1884,1885 
Construction  of,  over  creeks  or  rivers,  not  to  interfere  with  navigation 

thereon 1920,1921 

Convict  labor  not  to  be  employed  in  construction  of,   1S08 

County, 

Acceptance  by,  of  former  township  bridge 1913 

Assistance  by,  in  construction  of,  when  too  burdensome  for  town- 
ship,  maintenance  of 1911,1912 

Contracts  with  by  city  for  construction  of  bridge  connecting  with 

township 1909,1910 

County   bridges,   maintenance   and    repair   of,    1915 

Creeks,  bridges  over,  not  to  interfere  with  navigation  thereon,    ....   1920,lf)21 
Damages  and  benefits,  assessed  as  part  of  road,  proceedings,  of  which 

it  is  a  part 891 

1  »amages  for  construction   of  county   bridge,   agreement   with   property 

owners,  payable  out  of,   1894 

Damages  for  taking  of  materials  used  in  construction  of  bridges,  pay- 
ment of,    1917,1918 

1  (amagi'S  to  property  caused  by  building  of,  assessment  of  and  releases 

for,    1738 

Driving     motor     vehicle     over,     at     unlawful     speed,     a     misdemeanor, 

penalty, 1923.1924 

Embankments,  construction    of    when    required    by    erection    of    bridge, 

procedure,    1 886 

Inspection  of  by  assistant  engineer  of  the  Division  of  Township  High- 
ways,            1875 

Over  township  boundaries,  duty  to  assist  in  building  and  maintaining,  900,  901 
Penal  provisions, 

Carrying  fire  over 920 

Driving    motor    vehicle    over     at     unlawful    speed,    misdemeanor, 

penalty, 1923.1924 

Recovery  of  fines  and  penalties,  procedure,    922 

Riding,    leading   or   driving   of   beasts    of  burden    upon,    unlawful, 

penalty,  collection  of 1931 

Riding  or  driving  horses, etc.,  over,  faster  than  a  walk 920 

Permits   for   construction   of  bridge   unnecessary,   where   authority   has 

been  given  by  State  Highway  Department,    1022 

Plana  and  specifications  for  construction  and  repair  of,  approval  of  by 

township  commissioner  of  State  Highway  Department.   ..        1*74 
r*la»«  and  specifications  for,  to  be  furnished  by  State  Highway  Depart- 
ment,            1*71 


540 

Sec. 
BRIDGES  AND  VIADUCTS,  Cunt. 

Posting  of  notice  of  fines  and  penalties  on,   '.rjl 

Power  of  county  to  take  private  property  for  bridge  purposes,    1891 

Railroad  bridge,  construction  of  so  as  to  maintain  with  the  public  road,       1919 
Recovery  of  fines  and  penalties  for  violation  of  penal  provisions,  relative 

to 922 

Repair  of  bridges  erected  by  county,   1915 

Rewards  for  construction  of,  evidence  of  completion  of  work,  required 

by  Highway  Department • 4.'!."> 

Rewards  for  erection  of, 

Apportionment  of  and  application  for,    432 

In  first  and  second  class  townships,   482,  433,  434,435,  437 

Type  of,   necessary  for,    4.'!4 

Withholding  of,  for  neglect  of  supervisors  to  observe  rules  of  High- 
way  Department 437 

Work  may  have  been  done  by  township,    435 

Rivers,  bridges  over,  not  to  interfere  with  navigation  thereunder,   .  .   1920,1921 
Roads,  change,  relocation  or  vacation  of,  by  bridge  viewers,   .  .   1S84, 1887, 1888 

Roads  leading  to  county  bridges,  construction  of  by  county,    1914 

State  Highway  Department,  authority  from  for  construction  of  bridge, 

other   permits    unnecessary,    1922 

Supervision  of  construction  and  repair  of,  by  assistant  engineer  of  the 

Division   of   Township    Highways,    1875 

Surveyor,  one  to  be  on  each  jury  of  view  or  review  of,    1732 

Townships  of  the  first  class, 

Appropriation    of  lands    and    property   for, 807 

Assessment  of  damages  for  appropriation  of  lands  and  property  for,         807 

Contracts  for 80>8-  N77 

Awarding   of,    .  .  .  ^ 872 

Division  of  cost  of   erection   and   damages   awarded,    870 

May  provide  for  erection   of,    808,  809 

May  provide  for  maintenance  of 808,  809,  871 

May  provide  for  payment  of  damages  caused  by  erection  of,     808,  809 
Payments   of  .share  of  township   and   other  interested    parties,  871 

Provisions    of,    " 873 

Recording    of,     870 

Contract    with    railroad    company    for    upkeep,     877 

Contractor,   right   of,   against   parties,    874 

Damages  for  erection  of  as  necessary  part  of,   road,  etc.,  to  be  a- 

warded  as  part  of  road  proceedings 855 

Location  and  opening  of  routes  for,  procedure 800 

Maintenance,  power  to  contract  for,    808 

Power   to  build 875,  890 

Power  to  build  over  railroads,   creeks,   etc.,   to   unite  two  or  more 

streets,    SOS 

Reports  relative  to,  to  be  made  to  State. Highway  Department  by 

•township  commissioners, 214 

Townships  of  the  second  class,   repair  and  inspection  of,   in,    230 

Viewers,    powers   of    to    change,     alter    or    vacate    roads    leading    to 

bridges,     1884,1887,1888 

Width  of  road  crossed  by  bridges  or  viaduct  of  any  railroad  company,        1919 


541 

Sec. 
BULL,  see  STRAYS. 
BUREAU  OF  MUNICIPALITIES, 

Appointment  of  chief  of,   and  other  employes,  salaries  of 2148 

I  mties  of,   2147 

Establishment  of 2147 

Information  to  be  furnished  to  by  township  officials 2140 

BURIAL  GROUNDS,  see  CEMETERIES  AND   BURIAL  GROUNDS. 
CANADA  THISTLES, 

Constable,  duty  of  to  cut  and  destroy, 

After   failure   of   land    holder   to,    1988 

When   growing  on  mountain  or  unseated   lands 1989 

Cost  of  cutting  and  destroying  by  constable  or  supervisor,  collection  of.       1988 

Duty  of  land  holder  to  cut,  penalty,  collection  of,   1987,1988 

Highways,  duty  of  supervisors  to  cut  and  destroy,  when  growing  along,        1989 

Land  bolder,  duty  of  to  cut,   penalty,  collection  of 1987,1 988 

Mountain  land,  duty  of  supervisor  or  constable  to  cut   and  destroy  when 

growing  on,   after  failure  of  owner  to,   penalty,    1989 

Notice  to  be  given  by  constable  or  supervisor  to  land  bolder  to  cut  and 

destroy 1988 

Notice  to  be  given  to  constable  or  supervisor  of  growing  of 1988 

Supervisors,  duty  to  cut  and  destroy, 

After  failure  of  land  bolder  to, 1988 

When   growing   along   highways,    penalty,    108!) 

When    growing   on  unseated  or  mountain  land,  compensation,  penalty,        ir»K*i 
Unseated  lands,  duty  of  supervisors  or  constable  to  cut  and  destroy  when 

growing  on,  after  failure  of  owner  to,  penalty. 1989 

CATTLE,  see  STRAYS. 

CAUSEWAYS,   see  BRIDGES  AND   VIADUCTS. 

CKMETERIES  AND  BURIAL  GROUNDS, 

Brush,  grass,  briers  and  weeds  growing  in,  to  be  cut  down  by  supervi- 
sors, petition  for.  payment  of  cost  of 2118 

Changing  location  of  upon  petition  of  cemetery  company,  procedure,  2113,2114 
Neglected, 

To  be  kept  in   repair  by  overseers  of  the  poor  in  certain  districts, 

expense  of.   2120-2122 

To   be   kept   open,    2119 

To  be  taken  charge  of  by  supervisors,    2117 

Opening    of    roads    and    streets    through,    forbidden 1736 

Overseers  of  poor  to  keep  certain  neglected  cemeteries  in  repair  in  certain 

districts,  expense  of,    2120-2122 

Removal    of    bodies    upon    petition    of    cemetery    company,    procedure. 

costs 2113.2114 

Roads  and   streets   not   to  be  opened   through,    496 

Sale  of, 

By   cemetery  company,   procedure,    2115 

Distribution  of  proceeds  from 2116 

Supervisors  to  take  charge  of  neglected  burial   grounds 2117 

Title,    transfer    of    by    cemetery    company 2115 

CESS  POOLS,  regulation  of  by  township  commissioners 381,2059 

CIRCUSES,  see  SHOWS. 
CLASSIFICATION   OF   TOWNSHIPS. 

Change   in,    not   to   affect    rights    and    liabilities 7 


542 

CLASSIFICATION  OF  TOWNSHIPS,  Cont. 

Division  of,  not  to  affect,   .  / 66 

Population  as  basis  of,    15,30.35 

Specification    of    different    classes 16 

COMMISSIONER  OF  FORESTY, 

Approval  of  lands  to  be  used  us  forests  in  townships  by,   1350 

Power  to  direct  the  administration  of  forests  in  townships,   1355 

Rules  to  govern  administration  of  township  forests,  made  by,   1359 

COMMISSIONERS  see  also  ROADS,  STREETS  AND  HIGHWAYS, 

Animals  running  at  large  to  be  regulated  by,   381 

Appeals  from  assessments  on  township  property,  by,   1550 

Appointment  of,  to  fill  vacancy,    130 

Appropriations  by,  not  to  exceed  available  revenues, 390 

Approval  of,  regulations'  of,  shade  tree  commission,   1334 

Armories, 

Appropriation  for,  by   381 

Water,  light  and  fuel  for,  to  be  furnished  by,   381 

Attendance  at  convention  of  commissioners  and  supervisors,  compensa- 
tion  for,    196 

Certification  by,  to  county  commissioners  of  number  of  days  employed 

by  assessors  and  assistant  assessors,    1540 

Cess  pools,   regulation  of,   by,    381 

Compensation    of 212.  714 

Deduction  from,  for  failure  to  attend  meetings,   212 

Contracts  and  purchases  involving  over  $500,  to  be  in  writing, 393 

Contracts  and  purchases  involving  over  $500,  to  be  let  by,  only  after 

advertising,    392 

Contracts,  hirings  or  purchases,  invalid,  when  made  by,  without  an  ap- 
propriation having  been  made  therefor,   393 

Contracts  to  be  let  by,  to  lowest  responsible  bidder, 391 

County  associations  of,  formed  by,   195 

Dog  owners  to  be  taxed  by, 381 

Dogs  running  at  large  to  be  destroyed  by, ;«S1 

Duplicate  of  valuation  for  county  purposes  to  be  furnished  to, 1556 

Election  of,    102,  110 

Form  of  ballots  at,   Ill 

In  consolidated  townships, 89 

Notice  of, Ill 

Extortion  by,  from  travelers  on  public  highway,  prohibited,   845 

Fire  apparatus,  purchase  of,  by,   381 

Fire  companies, 

Appropriations  for,   by,    381 

Regulation  of,  by, 381 

Fire  houses  to  be  provided  by,   381 

Grading,  paving  and  curbing  of  sidewalks,  by,  upon  failure  by  owners 

after  notice,    071 

Liens  for  cost  of  grading,  paving  and  curbing  of  sidewalks,  by  commis- 
sioners, to  be  filed  by !)71 

lights,  establishment  of,  by,   381 

Lockup  or  watch  house  to  be  provided  by, 381 

Memorial  Day  services,  appropriation  for,  by,   381 

Names  and  addresses  of,  to  be  certified  to  State  Highway  Department.  J 881 

National  Guard,  lands  for  use  of,  to  be  taken  by  eminent  domain, 381 

Nuisances,  abatment  of,  by,   381 

Ordinances  of,  to  be  published,  381 


;>4» 

Sec. 

COMMISSIONERS,   Cont. 

Organization  of 210 

Place  of  meeting 210 

Police  force  and  nijdit   watch,  to  be  established  by ".M 

Power  to  set   aside  or  acquire  land  for  playgrounds,   play   fields,   gym- 
nasiums,  public  batlis,   swimming  pools  or  indoor   recrea- 
tion centres,    2041 

Powers  and  duties  of,   7 1 1 1 

President,   election   and    duties   of 210 

Public  buildings,  construction  and  repair  of,  by 381 

Quorum,    what    shall    constitute,    - 211 

Railroads  and  railways, 

Acquisition  of  by  townships 1161 

Exclusive  franchise  for  use  of  streets,  enforcement  of  contract  for,  110.". 

Laying  and  relaying  tracks,  contract  for,   1164 

Regulation  by,  contract,  of  franchises,  powers,  duties  and  liabilities 

of 1161 

Relocation,  change  or  elevation  of  its  roads,  contracts  for 1160 

Removal  and  laying  of  tracks,  change  of  route,  contract  for, 1162 

Reports  to  be  made  to  State  Highway  Commissioner  by 214 

Safety  of  persons  and  property,  to  be  secured  by,   381 

Shade  Tree  Commission,  power  to  establish 1330 

Shows,  circuses  and  public  amusements  to  be  regulated  by, 3<S1 

Supervision  by,   of  playgrounds,  play  fields,   gymnasiums,   public  batlis. 

swimming  pools  and  indoor  recreation  centres, 2042 

Taxes, 

Abatement  of,  to  be  made  by,   405 

Duplicate  of  assessment  of,  to  be  delivered  to  treasurer, 399 

Fire  houses,    397 

Levy  of,  to  be  made  upon  all  property  and  occupations, 397 

Special  levy  directed  by  court,  to  pay  deficit 398 

Townhouses 397 

Township  purposes 397 

Trees,  caring  for  and  changing, 397 

Time   of  meetings 211 

Townhouses, 

Power  to  borrow  money  to  procure  ground  for  and  erect 1221 

Power  to  procure  ground  for  and  erect,  1220 

Tools,  implements,  machinery  for  use  on  roads,  to  be  purchased  by,   .  .  381 

Vacancy  in  office  of, '. 1 30 

Vagrants,  to  be  arrested  and  detained  by 381 

Vehicles,  power  to  license  and   regulate  the  operation   and   compensa- 
tion of,  if  for  hire,   ]  280 

Warrants   to   be  issued   by,  on   treasurer,   in   payment  of  township   in- 
debtedness   396 

Water  for  fire  protection,  contract   for.  by 381 

Water  troughs,  erection  of,  by 1852-1 855 

CONSOLIDATION  OF  TOWNSHIP,  see  CREATION  OF  TOWNSHIP. 

CONSTITUTION,  local  and  special  legislation,  provisions  relating  to,   ....  1502 
CONTRACTS,  see  also  ROADS.  STREETS  AND  HIGHWAYS. 
Townships  of  the  first  class. 

Invalid  when  made  without  appropriation  therefor 302 


544 

CONTRACTS,  Coat.  Sec. 

Lowest  bidder  to  be  awarded,    393  - 

Townships  of  the  second  class,  power  to  make, 385 

CONVENTIONS, 

County  association  of  township  commissioners  and  supervisors, 

Attendance  at,  by  commissioners  and  supervisors, 196 

May  hold,    195 

COUNTY  TREASURER,  payment  of  expenses  for  holding  of  convention  of 

association    of    township    commissioners    and    supervisors,  198 

COURTS,  quarter  sessions  authorized  to  erect  townships  of  second  class,  .  .  20 
CREATION  OF  TOWNSHIPS, 
Consolidation  of  townships, 

Adjustment  of  assets  and  liabilities, GG 

Agreement  for,   66 

Costs  and  expenses  of, 68 

Election  of  officers   after,    69 

Election    to    determine,    67 

Filing  of,   agreement  for,    68 

Final  order  of  court   on,,  to  be  certified  to   Secretary  of  Internal 

Affairs,   3503 

Procedure  for,    66,  67,  68 

Rights  and  liabilities  not  affected  by,  69 

Supervisors  and  commissioners  of,    69 

Division  of  townships, 

Adjustment  of  indebtedness  of  townships  that  .have  been  divided.  .  .  60 

Appointment  and  duties  of  commissioners  for  purpose  of,    41 

By  petition  of  property  owners  and  election,  50 

Procedure   for,    50,  51,  52 

Class  of,   not  affected  by,    65 

Compensation  of  commissioners,  surveyors,  artists,  and  chain  carri- 
ers  in,    55 

Election  after  favorable  report  of  commissioners  on, 42,  43,  44,  46 

Effect  of 46 

Notice  of 45 

Final   order  of  court  on,   to  be  certified   to   Secretary   of  Internal 

Affairs,  1508 

Not  to  affect  rights  and  liabilities  thereof,   7 

Organization   of   townships   and   election   of   officers   in    townships, 

formed  by, 65 

Petition  to  court  for,   40 

Procedure  after  adverse  report  of  commissioners  on,   42 

Procedure  after  favorable  report  of  commissioners  on,    43 

Procedure  for 40-4G 

Final  order  of  court  on,  to  be  certified  to  Secretary  of  Internal  Affairs,  1503 
First    class. 

Advertisement  of  proclamation  of  first  class  townships,   by  county 

commissioners,    31 

Cost  of,  to  be  paid  by  township 31 

Appointment  of  commissioners  by  court  to  make  enrollment  of  in- 
habitants,       30 

Clerk  of  courts  to  certify  population  to  county  commissioners,   ....  ''() 

I  »psignation    of,    30 

Designation  of  first  class  townships  by  proclamation  of  county  com- 
missioners, , , 31 


CREATION  OF  TOWNSHIPS,      Cont.  S«c. 
Division  of  Townships,  Cont. 

I  >i vision  of,  into  wjirds -^ 

Procedure   for 38 

Election  of  officers  in   newly  creuted,    •'!l-, 

Owners  of  real  estate  may  petition  court  to  determine  class, "h 

Petition  to  court  by  owners  of  real  estate  to  have  class  determined.  30 

Population  as  basis  of  class,   

Methods  of  determining 30,  dL 

Population  to  be  determined  by   CJ.  S.  census 31 

Proceedings  to  determine  population 30 

Costs  and   expenses  of,    30 

Report  of  commissioners  appointed   to   make  enrollment  of  inhabi- 
tants,      30 

Advertisement  of  filing  of,  and  exception  to, 30 

When  new  government  shall  go  into  effect  in  newly  created 32 

Reestablishinent  of  townships  of  second  class,   36 

Procedure    for 3i 

Second  class, 

Adjustment  of  indebtedness  between  new  and  old  townships 2t 

Separate  rates  of  taxation  on  different  parts  of  township  author- 
ized     28 

Appointment,   duties   and    report  of  commissioners   for   purpose   of 

creating,  21 

Appointment  of  second  commissioner  when  report  of  first  is  unfavor- 
able       22 

Courts  of  quarter  sessions  authorized  to  create,    20 

Designation  of,  by  proclamation  of  county  commissioners, 36 

Election    of   officers   in    newly   created,    36 

May  be  authorized 27 

Election  to  decide. 

Court  to  fix   day    for  holding 24 

Duties  of  court  and  clerk  of  court,   pertaining  to 2f> 

Duties  of  election   officers   at 2(> 

Effect   of   vote    at, 26 

Form  of  ballot  at -'4 

General  election  laws  to  govern 24 

Notice  of 25 

Qualification  of  voters  at 24 

Indebtedness,  adjustment  of,  between  new  and  old  townships 2S 

Vote  on,  by  electors  of  the  territory   affected,   23 

When  government  shall  go  into  effect  in  newly  created 36 

CULVERTS,  townships  of  the  first  class,  power  to  survey,  lay  out  and  or- 
dain   along    turnpike    roads.    State    highways    or    county 

roads 980 

DAMAGES,  see  EMINENT  DOMAIN. 

DEEDS,   recording  of  to  be,  kept   by   secretary  of  first   class  townships,    ..  '*><'»•'> 

DEPUTY  TREASURER,  see  OFFICERS   AND  EMPLOYEES. 

DIVISION  FENCES,  see  FENCES. 

DIVISION  OF  TOWNSHIPS,  see  CREATION  OF  TOWNSHIPS. 

DOGS, 

Destruction  of.  running  at  large,   to  be  provided  for  by  township  com- 
missioners   381, 

35 


r. 


•  iG 


DOGS,  Cont. 

Owners  of  to  be  taxed  by  township  commissioners,    381 

DRAINS, 

Townships  of  the  first  class, 

Power  to  survey,  lay  out  and  ordain,  along  turnpike  roads,   State 

highways  or  county  roads 980 

Regulation   of  by   township   commissioners,    381 

ELECTIONS,  See  also  OFFICERS  AND  EMPLOYEES ;  COMMISSION- 
ERS ;  SUPERVISORS  ;  CREATION  OF  TOWNSHIPS  ; 
Second  Class. 

Assessor  in  first   class  townships,    102 

Auditors  in  first  class  townships, 102 

Commissioners  in  first  class  townships,  election  and  term  of, 102,  110 

In  newly   created,   first   class   townshfp6,    32 

In   townships   of  first   class,    101-  133 

Eligibility    to    office 100 

Term   of   office,    101 

In   townships  of  second   class,    140-  183 

Officers  to  be  elected   in  townships  of  the  first  class,    102 

Treasurer   in    first    class    townships,    102 

Wards   to  constitute  separate   district,    34 

EMBANKMENTS,  see  BRIDGES  AND  VIADUCTS. 
EMINENT  DOMAIN, 

Damages,  right  of,  given  to  all  owners  or  tenants  affected  by  taking,  etc.,         486 

Hose  house,  power  to  acquire  land  for  erection  of,    1222 

Lands  and  premises,  entry  upon  by  townships,   460 

Lockup,  power  to  acquire  land  for  erection  of, , 1222 

Procedure, 

Appeals  from  assessment  of  damages,  where  appeal  not  otherwise 

provided 470 

Appeals  from   report  of  viewers  by  owner  of  injured   or  assessed 

property i 487 

Appeals  to  Superior  or  Supreme  Court  after  disposal  of  exceptions 

or   final   verdict,    488 

Assessed  value  of  condemned  property  as   evidence,    467 

Award  of  damages  and  costs,  payable  into  court,   470 

Collection  of  awards  made  by  viewers,   469 

Distribution   of   compensation    awarded,    among    lien    owners    and 

property  owners,    464 

Liens  on  condemned   property, 

Discharge  of,    464 

Hearing  to   determine  priority  of 462 

Testimony  to  ascertain  priority  of,   463 

Petition   for   condemnation   of   lands   and    premises,    461 

Possession, 

How  to  secure  after  right  of  is  established,   472 

Right  of  after  acceptance  or  approval  of  bond,    471 

Satisfaction  of  award  when   amount  is  paid  into  court,    470 

Testimony  as  to  value  of  condemned  property,    466 

Value   of   land    condemned   not   to   be   assessed    against   adjoining 

property, 467 

Viewers, 

Assessment  of  damages  by,  against  townships  and  of  benefits 

in  certain  cases, 486 


547 

EMINENT  DOMAIN— Cont.  Sec. 
Procedure,   Cont. 
Viewers,   Cont. 

Court  may  extend  time  for  making  reporl   by,    468 

Report, 

Appeal  from  liy  owner  of  injured  or  assessed  property,  . .  487 

Confirmation    of 469 

Exceptions  to,  any   interested   party  may  file 487 

When   to   report 468 

Public  buildings,  power  to  acquire  land   for 1222-1234 

Sewers  and  drains,  power  to  acquire  property   for 1071-1073 

Title  to  condemn  property,  after  payment  of  claims  for  compensation,  465 

Townhouses,  power  to  acquire  land  for  erection  of 3222 

Townships  of  the  first  class, 

National    Guard,   power  to   acquire   land   for  use  of 381 

Parks,  parkways  and   playgrounds,  power  to  acquire  land   for,    ..  1296 
Water  supply  and  water  works,  power  to  acquire  property  for  ex- 
tension of  system  of  distribution  of  water '.  1182 

Townships  of  the  second  class.   National  Guard,   power  to  acquire  land 

for  use  of 386 

ENGINEERS,    townships  of   the   first    class,   appointment    of,  by    township 

commissioners 213 

FENCES, 

Along   highways  opened   and  leading  to  driving   parks,    fairgrounds,  etc.,  761 
Auditors. 

I  Mities   of,    when    acting   as   fence    viewers 1961,1962 

To  be   sworn   to   act    as   fence   viewers,    1963 

Cost  of  erection  of.  division  fence,  by  aggrieved  party,  collection  of,    ..  1961 

Erection    of   for   protection   of  highways   from   snow    drifts,    750 

Line  and  division  fences.         . 

Charge  of,   to  be  borne  and  maintained  by  adjoining  owners 1965 

Cost   of  view  when  fence  found   sufficient  by   viewers 1961 

Erection   of  by   land  owners 1961 

Erection  of  when  failure  of  owner  to,  procedure,    1961 

Land  owner  not    to  be  compelled  to  build  or  repair  during  certain 

months,     1961 

Land  owner  to  erect 1961 

Railroad   companies  not   required    to   construct 1961 

Recovery    from    owner    of    adjoining    land    one-half    of    cost    of    con- 
st ruct  ion  t  hereof,   1962 

Relief  of   duty   to  erect  by  agreement   with   adjoining   owner 1961 

Repairing   or   building  by   aggrieved    party    after    failure   of   delin- 
quent,  suit    for  cost  of.  appeal 1967 

Viewers, 

Auditors  to  act  as,    1961 .1962,1963 

Compensation  of,  payment  of 1966 

1  duties   of 1961,1962 

Filling   of   vacancy 1964 

Penalty   for  failure  or   neglect    to  perform   duties,   collection   of.    ..  1969 

Quorum,     1970 

Time  of  holding  view,  certificate  of 1966 

Views  not  to  be  held  by.  between  November  and  April,   1968 

Wire  fence  without  barbs, 

Along  highways,   lawful,    1959 


54.-8 

FENCES,  Gont.  Sec. 

Wire  fence  without  barbs,   Cont. 

Lawful,    I960 

FENCE  VIEWERS,  see  FENCES. 
FINANCE, 

Townships  of  the  first  class. 

Bonds  of,  to  be  sold  to  highest  bidder  after  public  notice 395 

Indebtedness   not   to  exceed   two   per  centum   of   valuation 395 

Indebtedness  of  former  years  payable  only  out   of  surplus  appropri- 
ated  for  current   year,    394 

Interest   on   bonds   not  to   exceed   six  per  centum,    .  .  I 395 

Moneys  not  to  be  paid  out  in  excess  of  amounts  appropriated  for 

any   specific  purpose,    391 

Permanent  improvements,  loans    for,    391 

Townships  of  the  second   class, 

Fiscal  year,   expiration  of 439 

Indebtedness,  certificates,  may  be  issued  by  supervisors  when  high- 
way funds  are  exhausted 436 

FIRES,  see  FIRE  COMPANIES. 

FINES,  township  treasurer  to  receive  foi   violations  of  provisions  of  town- 
ship code,  for  use  of  road  fund,    240 

FIRE  APPARATUS,  purchase  and  maintenance  of  by  township  commission- 
ers,        381 

FIRE  COMPANIES, 

Appropriation  for,   by  township   commissioners,    381 

Regulation  of,   by  township  commissi  oners,    381 

FIRE  HOUSES, 

Provision    and   maintenance    of   by    township    commissioners 3S1 

Townships  of  the  first  class,  erection  of  after  election,   381 

Townships  of  the  second  class,   taxes   to   be  levied   for   erection  of,    .  .  421 

FIRST  CLASS  TOWNSHIPS, 

Commissioners,   board   of,   powers   and    duties,    381 

Contracts   may    be    made    by.    ....    380 

Corporate   power   of,    vested    in,    381 

Powers    of 380,  381 

Real   estate   may   be   held  by,    380 

Records  of,  open  to  inspection  of  any  tax  payer  of  township,   302 

Suits   may   be   brought   by    and    against,    380 

FOOTWALKS,  townships  of  the  firsl   class,   power  to  survey,   lay  oul   and 
ordain,   along   turnpike    roads,    State   highways   or   county 

roads,    980 

FOOTWAYS,  see  SIDEWALKS. 

FOREIGN  FIRE  INSURANCE  COMPANIES,  State  tax  on,  returned  to 

townships,   II  >T1 

FOREST  FIRES,  agreements  with  Department  of  Forestry  for  prevention 

and  suppression  of,    2050,2051 

FORESTS,    1355-1362 

Townships  of  the  first  class> 
Acquiring   land   for, 

Power  to 1355 

Procedure,   1357 

Administration  of,   under  direction   of   Commissioner   of   Forestry,       1355 
Alienation   of,   procedure   for 1362 


54!  I 

FORESTS,  Cont.  Sec. 

Townships  of  the  first  class,  Cont. 

Approval   bj    Commissioner  of   FTorestrj    of   Lands  to   be   used   for.       1356 
Cost  of  administration  and  maintenance  of,  how  provided 1360 

Cost  of  hind  for.  how   pro\  Lded 1358 

Publication  of  rules  to  govern   administration  of 1359 

Revenues   from,   disposition   of 1360 

Rules  to  govern,   purpose  of,   how   made  and   enforced 1359 

Use  of  by  public 1  361 

GARBAGE,  townships  of  the  firsl   class,  collection  and  removal  of 381 

GUIDE  POSTS,  see  ROADS,  STREETS  ANT)   HIGHWAYS. 
GENERAL  TOWNSHIP  ACT. 

Application   of   to   all   townships   in   Commonwealth,    6 

Change    of    class    of    township    not    to    affect     its    rights    and    liabilities,  7 

Division  of  township  not  to  affect   its  rights  ami  liabilities 7 

Effect  of  on. 

Certain  other  acts,    1  •"'  '1 

Laws  not  modified   thereby, 8 

Laws    relating    to    taxation 0 

Other   laws,    •"• 

List  of  acts   repealed  by 1500 

Provisions  not   included   in 2 

Provisions    of,    severable ' 

Reference  in  to  title  of  other  ads.  effect  of •" 

Time  of  taking  effect,    1 

GYMNASIUMS,    erection,    maintenance    and    regulation    of 2041-11047 

HEALTH,  see  also  PUBLIC  HEALTH. 

Authorities    may   declare   certain   lanes    and    alleys    nuisances,    775-  782 

IMPROVEMENTS,   townships   of   the   first  class,    loans   for 391 

INCOMPATIBLE    OFFICES 115,  125,  150 

Constitutional   provisions   relating   to,    1530 

Election  officer  may  be  elected  to  township  office 1531 

Township   officers,   ineligible, 

To  be  school  director 1532 

To   board   of   health 1533 

INDEBTEDNESS,      1639-1674 

Acts  validating   bond   issues 1639 

Adjustment  of,  see  also  CREATION  OF  TOWNSHIPS. 

Second  Class 28 

Bonds, 

Advertisement    of    sale    of 1063 

Denomination  of,    interest,    when    redeemable 1645 

Exchange  of, 

From  coupon  to  registered  bond 1669,1670,1671 

Procedure,    interest    payments 1669-1673 

Issuing     of     to     redeem     existing     issues     and     floating     indebted- 
ness,      1659,1660,1661 

Registration  and   transfer  of,    1669-1673 

Sale  of  at  not  less  than  par 1645,1659,1660 

Sale  of  to   highest   responsible   bidder 1663 

State    tax    on 1664 

Collection   and   payment   of 1665.1666 

Deduction  of,  from  interest   paid  to  holders 1667 

Definition  of 1652 


550 

INDEBTEDNESS,  Cont.  Sec. 

Elections  on  increase  of, 

Duty  of  election  officers,   returns,   expense L646 

Lapse  of  time   required  for  next    elect  ion    after   rejection   by  elec- 
tors    1648,  104!) 

Notice   of 1646 

Time,   place   and   manner  of  holding 1646 

Increase, 

Method  of, 

When   increase   is   from   seven  to  ten    per  cent.    ..    1041.1644,1650,1651 

When  increase  is  from  two  to  seven  per  cent 1646 

Obligations  for,  not   to  be  issued   until  statement  is  filed  in  court,       1645 

Void    when    above    limitation,     1644 

When    assent    of   electors   not    required 1640,1645 

When   assent  of  electors  required,    1640,1641 

Limitation   on 1640 

Limitation  on  power  of  municipal  commission   to  create 1642 

Obligations  issued   for  certain   public  works,   not   to  be  a  debt  of  town- 
ship     1654-1658 

Powers  of  township  in   issuing  obligations  not   a   debt   of  township.    .  .        1657 
Sinking  fund. 

Application    of    funds    in 1661 

Levy  of  annual  tax, 

To    pay    within    thirty    years 1643 

When    obligations    issued    to    pay    certain     self-supporting    public 

works,    1654,1656 

Where    bonds    are    issued    to    redeem    existing    indebtedness.   1659,1660 

Where   increase    made    with    assent    of    electors 1647 

State  cannot   assume  that  of  township,   except   in   certain   instances.    .  .        1668 
State  tax. 

Collection  of  by   treasurer 1665.1666,1667 

Deduction    of   from    interest 1665,1666,1667 

Statement, 

Annual   publication   of.    contents   of 1653 

Certified  copy  to  be  evidence 1645 

Where   increase   made   without    assent   of   electors,   contents,   filing,       1645 

Tax  for  payment  of  within  thirty  years  to  be  levied  annually 1643,1647 

Township  not  to  become  stockholder  in  corporation,  nor  loan  credit,   .  .        1662 

Validating  acts 1639 

INDEX   BOARDS,   see   ROADS,    STREETS   AND    HIGHWAYS:    Guide 

Posts   and  Index  Boards. 
INDOOR   RECREATION    CENTERS,    erection,    maintenance    and    regula- 
tion of 2041-2047 

JACK,   see   STRAYS. 

JOINT  SEWERS,  see   SEWERS  AND  DRAINS. 

LIBRARIES,  see  PUBLIC   LIBRARIES. 

LICENSES    AND    LICENSE    FEES 1260-1281 

Bankrupt's  or   assignee's  stock  of  goods. 

Sale  of  without   license,   unlawful 1260 

When   sale   of   is    allowed   without   license 1261 

I  damaged  goods, 

Sale  of  without  license,   unlawful,    1260 


551 

LICENSES  AND  LICENSE  FEES.  Cont.  Sec. 

Damaged  Goods,  Cont. 

When  snip  of  is  allowed  without  license,   1261 

Dealers,  License  feo  or  tax  when  not  required,   1270 

I  deputes  concerning, 

Amendments  of  pleadings  in,    2HKi 

Appeals    to    Supreme    and    Superior   Court,    2108 

Duty  of  corporations   to  properly  construct  works,  not  altered   or 

affected,    2110 

Hearings,    conduct    of,    2105,2106 

License   fee  as  fixed  by  court,  duration   of,   when   application   for 

change   permitted,    2100 

License   fee   to   be   determined    by   court 2100 

Order  of  court,   fixing   amount  of,   when   new    application   may   be 

made,    continuation    of,    2107 

Petition   to  court,   contents  of 2100 

Powers   and  duties  of  courts   in   determination   of,    2105.2106,2107 

Procedure    before    court,    petition,    service,    answer 2105 

Rules   and   orders,    power   of   court    to    make; 2100 

Insurance    companies,    agents   and    brokers    not    to    he    licensed,    1271 

Motor  vehicles, 

None   required    to    be   paid    for,    2111 

Operators  not  to  be   required   to   pay 2111 

Officer   appointed   by   court   to   dispose   of   goods   not   required  to   have 

license 1201 

Sample,   license   fee   or   tax    not   required   if   selling   by,    to   dealers   or 

merchants,     1270 

Townships  of  the  first  class,  vehicles,  power  to  license  and  regulate  the 

operation   and   compensation   of,   if  for   hire,    1280,1281 

Traction  engines,  tractors  or  trailers,  owners  not  to  be  required  to  pay,       2112 
Transient  merchants, 
License, 

By  whom   issued,   amount,   renewal  of 1261 

Failure  to  secure   a   misdemeanor,    1263 

Sale  without,  unlawful 1260 

When  not  required,   1261 

Sale  of  goods  of  bankrupt,   assignee,  etc.,   without  license,   unlaw- 
ful,            1260 

LIGHTS,  see  MOTOR  AND  OTHER  VEHICLES. 
Establishment  of  by   township, 

Commissioners, 881 

Supervisors, 386 

Townships  of  the  second  class,  tax  to  be  levied  for  lighting  highways.  421 

LINE  FENCES,  see  FENCES. 

LINES,   see  TOWNSHIP  LINES   AND  BOUNDRIES ;    WARDS. 
LINES  AND   BOUNDARIES,   see  TOWNSHIP  LINES   AND   BOUND- 
ARIES. 
LOCAL  AND   SPECIAL   LEGISLATION,   constitutional   provisions,   pro- 
hibiting,             1502 

LOCKUPS,  see  also  PRISONS. 

Establishment  of  by  township  commissioners,    381 

Townships  of  the  second  class,  taxes  to  be  levied  for  building  and  main- 
tenance of, 421 

MACHINERY,  purchase  of  in  first  class  townships,    381 


5^2 


Sec. 
MANURE   PITS,    townships   of   tli«   fir*it    class,    regulation   of   by   township 

commissioners, 381 

MEMORIALS, 

Appropriation    by    county   commissioners, 

For  erection  of,  to  commemorate  service  of  soldiers,  etc.,  in  World 

War,  2048 

To  assist  townships  in  erection  of 2049 

MEMORIAL  DAY, 

Appropriation   for   services   on, 

By    township    commissioners,    381 

By  township   supervisors 386 

MONUMENTS, 

Appropriation  by  county  commissioners, 

For  erection  of.  to  commemorate  .service  of  soldiers,  etc..  in  World 

War 2048 

To  assist  townships  in  erection  of 2049 

MOTOR  AND  OTHER  VEHICLES, 

Arrest  of  offenders,   procedure , 1948,1949,1956 

Attempt  to  lower  speed  record  upon  public  highways,   a  misdemeanor,  1940 

Bail,  holding  of  vehicle  by  magistrate,  in  lieu  of,    1948 

Brakes,     1938 

Center  of  highway,  operators  not  to  allow  vehicles  to  stand  in,    .  .   1942,1954 

Chains,  use  of  certain  kind  prohibited,    1941 

Constables, 

Power  to  arrest  upon  view 1956 

Power   to   stop,    1943 

Curves,   operators  not  to   pass  vehicles   ahead   at,    1942 

Driving    regulations,     .  • 1940,1942,1954 

Duty  of  operator  to  pass  vehicles   ahead,  to  the  left,    1942 

Duty  of  operator  to  turn  to  right  when  meeting  or  overtaken  by  faster 

moving  vehicle,    1942,1954 

Exemption  of  certain  vehicles  from  registration  fee,   1935 

Fees   for   registration    of 1935 

Fines  and   penalties,   collection   and   disposition   of,    1951,1957 

Hills,  operators  not  to  pass  vehicles  ahead,  on  crest  of 1942 

Information, 

As  to  identity  to  be  furnished  by  operator  to  officer,    1943 

Copy  of  to  be  served  with  warrant, 1949 

For  violation  of  act,   jurisdiction 1946 

Time  within  which  to  bring,   1949 

Injury  to  person  or  property,  duty  of  driver  to  stop,  in  case  of,   ....  1940 

Intersecting  highways,  operators  not  to   pass  vehicles  ahead,   at,    ....  1942 
Intersection   of  public   highways, 

Duty  of  operator  at 1942 

Right  of  way   at,    1942 

Intoxication   of   operator  of,   a  misdemeanor,    1940 

Justice  of  the  peace  to  make  returns  of  fines  and  penalties  collected,   .  .  1951 
License, 

Number  to  be  prima  facie  evidence  of  ownership,  rebuttal  of,  ....  1947 

Revocation   of,   by   State  Highway   Commissioner 1940 

Lights, 

Adjustment  of,  to  prevent  dangerous  glare,   1987 


553 

MOTOR  AND  OTHER  VEHICLE!,  Cont.  See. 
Light,  Cont. 

Approval   of   device*    Tor   controlling,   by    Highway    Commissi  ener,  19X7 

To  be  displayed  at    night 1937.1952 

Turning  off,   to   avo'd    identification   a  misdemeanor,    11)40 

When  standing  upon  highway,  1937 

Muffler  cut-outs,  not  to  be  used  on  public  highways 1941 

Muffler  required  on  engines,  1041 

Name  and  iiddress  of  operator  to  be  furnished  to  injured  party   In  crae 

of  accident,   neglect,  a  misdemeanor 1!>  l(i 

Opei  ation  of,  ' 

By  person  intoxicated  a  misdemeanor 1940 

By  person  other  than  owner  withoul    periniss'on,   «    misdemeanor,  1940 

( )p<rators,  rights  of  on  highway,   1944 

Ordinances,  not   to  be  inconsistent    w'th    law ?.945 

Owner  of,  allowing  intoxicated  pers  m  to  operate,  guilty  of  misdemeani  r,  1940 

Parking  at  night  without    lights,    regulation   of 1!)t-"> 

Parking  of.  regulation  of 1945 

Penalty  for  violation  of  act.  second   offenses 1950 

Police   officers. 

Power    to    arrest    upon    view 1956 

Power  to  stop,    1 94.*! 

Projections   upon   tires,    size    of 1941 

Public   highwa>s. 

Definition    of 1955 

Rights    of    operators    on 1944 

When   not  to   be   closed   to,    1944 

Registration, 

After  August   1st,   fee   for 1935 

Certificate  or  license,  exhibiting  of,   on  request   of  officer 194.1 

Fee   for,   expiration  of 1935 

Right-hand   side  of  road,   operators  to  keep   close  to 1942,1954 

Signal    devise.    1938 

Special    regulations,    posting   of    notice   of,    1945 

Speed, 

Contests  between,  on   public  highway,   a   misdemeanor 1940 

Record   on   public  h'ghway.    attempl    to   lower,   a   misdemeanor,    .  .  1940 

Regulations 1 936 

In    certain    sections 1936 

Timing   of    rate    of,    1946 

State   Highway  Department   officer,    power   of   to  stop 1943 

State   Police,   power   of   to  stop 1943 

Stop,   duty  of  operator  to.   when   signaled 1942,1943 

Street  passenger  car,  duty  of  operator  when   meeting  or  overtaking,  1942,1953 

Suspension    of    license    by    State    Highway    Commissioner 1940 

Tampering  with,  by  person  other  than  owner,  without  permission,  a  mis- 
demeanor   1940 

Trailers,    when    no    registration    required    for 1.935 

Use  of.  by  person  other  than  owner,  without  permission,  a  misdemeanor,  1940 

Vehicles  ahead  to  be  passed  by  operator,  to  the  left 1942 

Warning,   when  to  be  sounded  by  operator 1939 

Warrants,   proceedings   may   be   commenced   by   service   of 1949 

Weight    and    size    of    load    regulated 1  iM  1 


554 

Sec. 

MULE,  see  STRAYS. 
MUNICIPAL  CLAIMS, 

Adjustment   of  without  filing,    1C94 

Advertisement    of   sale    on,    1708 

Affidavits  of  defense, 

Amendment   of,    1714 

Filing  of 1607,1714 

Judgement  for  want  of, 

Attorney  fee,   s 1698 

Sufficient, 1698 

Replication  to,   1698 

Affidavits    to    petitions,    answers,    etc.,     1715 

Amendment  of  proceedings,    1714 

Amicable  proceedings  to   revive  judgement,    1700 

Appeals   from,    1688 

Appeals    to    Supreme    and    Superior    Courts,    1719 

Apportionment  of  claim  on  separate  properties,    1691,1693 

Assignment   of   claims   and   judgments,    1713 

Attorney   fee,     1698,1699 

Bond,  for  stay  of  proceedings  before  judgement  entered,  effect  of,   ....  1707 

Claimant   defined,    1680 

Collection   of  by  lien  or  by   assumpsit 1675,1676,1677 

Contents  of 1690 

Contractor  defined,    1680 

Costs,   recovery  of 1703 

Deed  of  sheriff,  validity  of,    1711 

Defense,  procedure  in,    1694 

Definition    of,     1679 

Docketing  of  proceedings 1705 

Evidence,  claims,  are  prima  facie,   1699 

Execution, 

Against   quasi-public   corporations,    1710 

Distribution   of   proceeds   when    against   quasi-public  corporations,  1710 

On  judgment  on,   1708 

Plaintiff  in  judgment  may  purchase,   1709 

Procedure  in  sale  of  property  where  bid  insufficient,   1711 

Sale    price,   minimum,    1709 

Stay   of   sale  by   payment  of  claim,    1711 

Testimony  as  to  location  of  parties  respondent, 1711 

Upset  price  fixed  by  plaintiff,    1709 

Facts  averred  and  not  denied  taken  as  true 1715 

Filing, 

By  municipal  authorities 1675 

Necessity    for   or    claim    lost,    :  1688 

Time  of,    1688 

To  use  of  contractor,    1684 

Form  of,   1688 

Lavari  facias,  .  . .  .  j» 1708 

Scire  facias  in  suing  out  claim,   1606.17(H) 

Suggestion  and  averment,    1688 

Habere  facias  possessionem,  issuing  of  to  give  possession  to  sequestrator,  1704 

Highway  defined,   167S 

Intervention  by  parties  having  an  interest  in  property, , 1691i 


555 

MUNICIPAL  CLAIMS,  Cont.  Sec 
Judgment, 

Assignmenl  of 1713 

By  default,  opening  of 1714 

Land  only  bound  by 1703 

To  be  final  and  conclusive  after  delivery  of  sheriff's  deed, 171 1 

Levari  facias, 

Form  of 1708 

Not  to  issue  until  after  judgment, 1088 

Lien, 

Duration  of,   ve\  i\  al 168S 

Priority    of,    1683 

When  divested  by  judCial  sale 1711 

When   not   divested  by   judicial    sale 1711 

Limitation  of  acl  ion   Tor  recovery  of H577 

Local't.v    index,   certificate  of  search    of 1706 

Aon    sut.    entry   of   effect    of,    1695,1099 

Notice. 

►Service  of,   1710 

To   claimant   to   issue   scire   facias,    1695 

When   Hied  to  use  of  .contractor,    PINT 

Opening   judgments   by   default,    1714 

Owner  defined,   1681 

Payment    of   money    into   court,    1094 

Petitions,   service   of 1716 

Plaintiff  may  purchase  at  sale  on,  minimum  pi-  ce 17<>!» 

Pleadings,   extension  of  time  for  filing,    1714 

Procedure, 

After  expiration   of  stay,    1 7i  »7 

In  sale  of  property  where  bid  insufficient 1711 

Property, 

Amendment  of  description   of,    1711 

Apportionment   of   claim    on    separate    properties,    1091,1693 

Definition    of,     1682 

Intervention  by  parties  having  interst  in,    1092 

Names  of  persons  having  interest  in  to  be  added  to  writ 1097 

Redemption  of  by  owner  or  creditor,   1711' 

Which   exempt  from,    1685 

Which   liable   for 1684,  1685,  1691 

Purchase  of  propriety  by  municipalities, 1711 

Quasi-public  corporations,   executions  against 171<> 

Redemption  of  property  by  owner  or  creditor 1712 

Replications,   contents   and   effect   of.    tiling 1715 

Revival    of 1088.1089 

Rule, 

Facts  found  by  court   to  be  t aken  as  t rue 1715 

Return    of,    filing,     1715 

Service  of 1710 

Sale  of  properly. 

Advertisement 1708 

.Minimum    sale    price 17<l!) 

Procedure  where  bid  insufficient 1711 

Stay   of   by    pa,\  men!    of  claim 1711 

Upset  price  may  be  fixed  by  plaintiff,  1709 


56*5 

Sec. 
MUNICIPAL  CLAIMS,  Cont. 
Satisfaction  of  record, 

By   use-plaintiff,    1718 

When  claim  paid  by  one  of  several  defendants,   1713 

Scire   facias, 

Amendment  of, 1714 

Form  of, 

In- suing  out  claim, 1696 

To   revive   judgment,    1700 

Notice  to  claimant  to  issue,  effect  of,   1695 

Practice  and  procedure  on,    1701,1702 

Praecipe  for,  directions  to  prothonotary, 169(5 

Revival  of  lien  by,   1688 

Service  of,  duty  of  sheriff,  return 1697,1701 

Suit  to  be  by  writ  of,    1696 

Security,  sufficiency  of,  approval,  1717 

Sequestrator,  delivery  of  property  to,   1704 

Sequestrator  of  rents,  issues  and  profits,  appointment  of,   procedure,..  1704 

Service  of  notices,   petitions  and  rules 1710 

Sidewalks,  claim  for  not  to  be  filed  unless  owners  failed  to  do  work  after 

notice, 1686 

Stay  of  proceedings  before  sale  of  property,  bond 1707 

Stay  of  sale  by  payment  of  claim,    1711 

Testimony  as  to  location  of  parties,  respondent 1711 

Time  for  filing  answers,   rules  and   replications,    17ir> 

Time  of  completion  of  improvements,   how  determined,    1688 

Time  of  filing,    1688 

Title  to  land  acquired  at  sales  on,  method  of  establishing,  procedure,  1721-1725 

Upset  price  at  sale  may  be  fixed  by  plaintiff 1709 

Validation  of  certain  claims, 1720 

What  may  be  included  in  one  claim,    1688 

MUNICIPAL  LIENS, 

Townships  of  the  first  class, 
Sidewalks, 

Cost   of   grading,    paving   and   curbing   of   by   commis- 
sioners,   '. 971.  982,  993, 1010 

Cost   of   repair   by    commissioners,    1026 

MUNICIPAL  TAX  LIENS,  see  TAXATION;   Municipal  Tax   Liens. 
MUNICIPALITIES,  see  BUREAU  OF  MUNICIPALITIES. 
NATIONAL  GUARD, 

Churches,   graveyards,   cemeteries  and   dwelling  houses,   exempted   from 

taking  by   eminent  domain   for   use  of 2053 

Gifts  of  land  for  use  of 2052 

Townships  of  the  first  class. 

Appropriation  of  money   or  land  tor  use  of  in  erection   of  armory 

for,    381 

Lands  for  use  of,  to  he  taken  by  right  of  eminent  domain 381,2052 

Townships  of  the  second  class. 

Appropriation  of  money  or  land  for  use  of,   in  erection  of  armory 

for,    386 

Lands  for  use  of,   to  be  taken  by  right  of  eminent  domain,  380,2052 


55  7 

NUISANCES,  Sec. 
Buildings  erected   contrary    rn    regulations  of   township   commissioners, 

declared  to  be,  381 

Lanes  and  alleys  may  be  declared  f<«  be 775-782 

On  public  highway,  prohibition  of  and  penalty    for,   846 

Townships  of  the  first  class,  abatement  of  in 381,2059,2060,2061 

OATH   QF  OFFICE,  taking  and  subscribing  to  by  elected  and   appointed 

officers 190 

OFFICERS  AND  EMPLOYEES,  see  also  ELECTIONS;  COMMISSION- 
ERS;  SUPERVISORS. 

Accounts  of,  inspection  <>t'  by  Stale  Highway   Departmenl i!M 

Assessors. 

Compensation   of 367 

Powers    and    duties    of 367 

Rebates  for  forest  or  timber  lauds,  duty  n\\  to  file  application  for,  1605 
Rebates  for  foresl  or  timber  trees, 

Blanks  for  application  for  1o  be  furnished  to If 504 

Record  of  number  of  acres  of  forest    land   to  be  made  by 1605 

Vacancy  in  office  of,  how  filled,  .  .    1544 

Assistant  assessors,  vacancy  in  office  of,  how  filled 1544 

Assistant  engineer  of  township  highways,  not    to  be  interested  in  con- 
tracts, penalty 1 882 

Attendance  by  commissioners  and   supervisors  at  conventions,  compen- 
sation for 196 

Auditors, 

Advertisement    of  statement    of  t  iwnship  accounts,  by 327 

Appeals    from    report    of,    332-341 

Attorney  for,  compensation  of 330 

Attorney   may    be    employed   by 330 

Collection  from  persons  charged  in  report  of 331 

Compensation  for  attending  conventions  of   associations  of  county 

commissioners  and  supervisors 196 

Compensation    of .   325.  714 

Duties    of 325.  327.  328.  330 

Duty, 

To  act  as  fence  viewers 1961-1963 

To  surcharge   for   neglect 325 

Meeting    of, 325 

Neglect  or  refusal  by  to  perform  duties,  basis  for  suit  for  penalty,  329 

Oaths   may   be   administered   by 326 

Orders  and  vouchers  to  be  cancelled  by 328 

Quorum    to    act 325 

Statement  of  township  accounts  to  be  filed  with  clerk  of  courts,  by,  327 

Subpoenas  may  be  issued  by, 326 

Bonds  of, 

Additional  security  on.   proceedings 1504. 1505. 1506,  1507 

Township  to  pay  premium  when  surety  company  bond  is  required,  191 
Commissioners,  see  COMMISSIONERS. 
('(instable,  duty  to  cut  and  destroy  Canada   thistles. 

After  failure  of  land  holder  to 1988 

Growing  on   mountain   or  unseal  en   land,   penalty 1989 

Duty  of.  in  regard  to  roads  on  State  boundary  lines 1776 

Employees  entering  military  service, 

Evidence    of   dependency,    1 523 


558 

OFFICERS  AND   EMPLOYEES,  Cont.  Sec. 

Employers   entering   military   service.   Cont. 

Power  of  attorney  to  dependents  to  receive  salary,   .1521! 

Salaries  payable  to  dependents  of,   1522 

Salaries  to  be  paid  only  during  life  of 1523 

Substitutes   for   appointment,   salary 1521 

Expiration  of  term  of,  when  township  changes  to  another  class, 32 

Extortion    by,    from   travelers  on    public    highway,  penalty  for,    845 

In  division  of  township   highways  of   State   Highway  Department,    ap- 
pointment, bund,  expenses,  and  salary  of, 1871,  1872 

Oath  of  office 190 

Police, 

Appointment    of   by   court 355 

(  'ompensation  of 358,  1514,  1515,  1516 

Establishment   of  by   township   commissioners,    - 381 

Persons  arrested  by,  to  be  received  by  keepers  of  jails,  etc.,   355 

Powers   of,    355 

Secretary, 

Compensation  of,    714 

( !opy  of  oath  of  township  officers  to  be  tiled  with, 190 

Solicitor, 

Compensation  of 714 

Tax  lien,  claim  for,  to  be  signed  by Kill 

Supervisors,  see  SUPERVISORS. 

Tax  collector, 

I  >eputy    may   be   employed   by,    1567 

Executors  of  to  collect  taxes  during  life  of  warrant,   1568,1569 

Exonerations,  returns  for.  to  be  made  by,  when,   159.'! 

Forfeiture  by,  for  failure  to  perform  duties,   1579 

Monthly   returns, 

Penalty  for  failure  to  make 1573 

To  be   made   by 1572 

Names,  not  to  be  added  by,  to  duplicate,  penalty  for, 1580 

Names  of  taxables,  etc.,  to  be  kept  in  book  by.  open  to  public,....  1565 
Notice  to  county  treasurer  to  be  given  by,  contents  of,  penalty,.  .   1557, 1559 

Office  hours  of,  during  time  discount  is  allowable 15(5(5 

Payment  over  of  taxes  as  collected,   1572 

Penalty  for  failure  to  make,  1573 

Power  of,    1585 

In  collection   of  taxes,   liabilities   and   penalties 1564 

Rebates  for  forest  or  timber  trees  to  be  deducted  from  taxes  by,.  .  1604 
Receipt  for  taxes, 

Penalty  for  failure  to  furnish,   1571 

To  be  furnished  by,   to  tax   payer 1570 

Seated   lands,    return   of   for   nonpayment    of   taxes,    additional    per 

centage  to  be   added   to,   for 1591, 1592 

Suit  for  taxes  not  to  be  brought  by,  during  life  of  warrant 1589, 1590 

Taxes,  not  to  be  received  by,  from  persons  not  assessed,  penalty  for,  1580 

Unseated  lands,  taxes  upon  not  to  be  collected  by 1594 

Vacancy  in  office,  how  filled,    1554, 1555 

Warrant  for  collection  of  taxes,  life  of,    1562, 1503 

Town  clerk, 

Penalty  for  asking  or  receiving  fee  for  search  of  record  of  strays,  1978 


550 

Sec. 
OFFICERS  AND  EMPLOYEES  -Cont. 

Town  clerk,   Cont. 

Strays,  duty  to  keep  record  of,  penalty  for  failure,  compensation,       1!JT1 
Township  commissioners,  sec  COMMISSIONERS. 

Township  commissioners  and  supevisors  may  form  county  associations         !!••"> 
Township  supervisors,  see  SUPERVISORS. 
Townships  of  the  first  class, 
Assessors, 

Appointment  of  to  fill  vacancy 1  •'!•*'> 

Books  and  blank  forms  to  be  furnished  to  by  county  commis- 
sioners,          1541 

Compensation  of,    1537-1539 

Duty  to  examine  records  of  conveyances  of  real  estate 1548 

Duty  to  make  triennial  assessment 1535 

Election  of,   102,  120 

Return  by,  of  days  employed  in  performance  of  duty 1540 

Return  of  triennial  assessment,  extension  of  time  of  making,  by.       1541! 
Revision  of  assessments,  during  years  between  triennial  assess- 
ments,            1 548 

Vacancy  in  office  of,   to  be  filled  by  appointment 133 

Assistant  assessors. 

Appointment  of  to  fill  vacancy 133 

Compensation  of,   1587, 1539 

Duty  to  make  triennial  assessment 1535,  1536 

Election,    term,    duties    and    compensation    of 120, 121 

Power    and    duties    of 367 

Return    by,    of   days   employed    in    performance   of   duty 1540 

Vacancy   in   office   of,    to   be   filled   by   appointment,    133 

Auditors, 

Accounts   of  treasurer   to   be   settled   by 406 

Appointment    to    fill    vacancy,    132 

Cost    of   collection    of   taxes   to   be    adjusted   by,    404 

Flection  and   term    of 102, 125 

Vacancy   in   office  of,   to  be  filled  by   appointment,    132 

Commissioners,    election    and    term    of 102,110 

Constable,    notice   of   election   on   question   of  erection  of  firehouse, 

to  be  given  by,   381 

Deputy  treasurers,  powers  of,    403 

Disbursements   to    be    made    in    by    treasurer,    396 

Election  of  officers  when  first  class  township  is  created,    32 

Engineers,    appointment    of   by    township    commissioners,    213 

Police    may    arrest    upon    view,     1380 

Secretary. 

Duties    of 300,  301,  303 

Election   of 300 

Notice  to  property  owners  of  assessment  for  planting  of  trees,       1338 

Penalty  for  furnishing  incorrect  statement  of  funds 301 

Record    of    abated    taxes   to    be    kept   by 405 

Record  of  deeds  of  conveyance  to  be  kept  by,   303 

Salary  of,    300 

Supervisors,  appointment  of  by  township  commissioners 213 


560 

Sec. 
OFFICERS   AND   EMPLOYEES,   Cont. 

Townships   of  the    First   Class,    Cont. 
Treasurer, 

Accounts  of,  to  be  settled  by  auditors  in  first  class  townships,  406 

Appointment   of    deputies,   by 403 

Appointment    t<>    fill    vacancy,    131 

Bond   to   be   furnished   by,    270, 275 

Commissioners   of,   forfeited   by,   for   failure   to   give  notice   to 

taxables 401 

Compensation  of,  271 

Cost  of  printing   and   postage  incurred   in   collection  of  taxes 

to  be  retained   by,    404 

Duties    of,     272 

Duty   when   acting   as  tax   collector,    274 

Election   and   term  of,    102,  115 

Fines   and   penalties   for  violation   of   ordinances,    payable   to,  1383 

Notice  of  amount  of  taxes  due,   to  be  given  taxables,  by,    .  .  401 

Notices  of  receipt  of  tax  duplicate  to  be  given  by,    400 

Oath  of,    275 

Payment   of  money  by,   except   on   proper  orders,   penalty   for,  273 
Penalties, 

For  non-payment  of  taxes  to  be  added  to  taxes  due,  by,  402 
For  violation  of  regulations  of  shade  tree  commission,  pay- 
able  to,    1341 

Powers   of,    403 

Separate  accounts  of  taxes  collected,  to  be  kept  by,   400 

Vacancy  in  office  of,  to  filled  by  appointment,   131 

Townships  of  the  second  class, 
Assesors, 

Compensation    of,    1543 

Election   and  term  of,    141,  160,  161 

Return   by,   of  days   employed   in   performance   of   duty,    ....  1543 

Vacancies  in  office,  how  filled 182 

Assistant   assessor  for  election  duties,   election   of  not   affected   by 

General  Township  Law,   162 

Assistant  assessors, 

Compensation  of,    1543,1546 

Return   by,   of  days   employed    in   performance   of  duty,    ....  1543 
Auditors, 

Account*   of  tax   collectors   to  be   settled   by,    431 

Appointment  to  fill  vacancy  in  office  of,   151,  181 

Book  and  accounts  of  board  of  supervisors,  to  be  submitted  to,  233 

Compensation  of  supervisors  to  be  determined  by 235 

Election  and  term   of,    141, 150, 151.  152 

Vacancy  in  office  of,  filling  of,   181 

Eligibility   to    office,    140 

Laborers  on  roads  and  bridges,  compensation  to  be  fixed  by  super- 
visors,       L'.->,4 

Officers  to  be  elected  in,   141 

Police, 

Appointment    »f,    1308 


501 

OFFICERS   AND   EMPLOYERS.    Cont.  Sec. 
Townships  of  the  Second  Class,  Cont. 

Police,  Cont. 

Badge  of 1512 

Compensation  of 1513 

Number    and    term    of,    to    he    fixed    by    courl 1509 

Persons   arrested   by,    to   be    received   by   certain   officials,    ..  1511 

Powers   of,    1  51  1 1 

Road  masters,  see   Superintendents  or    Road   Masters. 

Secretary, 

Books  of,   open   to  inspection '■)  1  2 

Compensation  of 310 

Duties  of 310 

Superintendents  or  road  masters. 

Appointment   of 234 

Bond    may   be    required    of 234 

Compensation   of  to  be   fixed   by   supervisors 284 

Duties  of 236-241 

Not    to   be   interested   in    pun-basts    or    contracts    relating    to 

roads  or  bridges 239 

Records    to    be    kept    by 236 

Removal   of 234 

Reports   to   be   made   by 236 

Subjects   to   rules   of  State  Highway   Commissioner I'-',''- 

Violation  of  provisions  of  Township   Code,   by 240 

Tax  collectors. 

Accounts  to  be  settled  by  auditors 131 

All   taxes   to  be   collected   by 365 

Bonds   of.    36fi 

Compensation  for  collection  of  delinquent  taxes 42.°> 

Compensation    of 4_T 

Election   and  term  of 141.  17<».  171 

Expense  of  collection   of  taxes  to  be  retained   by 429 

Notice, 

Of  amount   of  taxes   due.    to   be   given    taxables 425 

Of   recipt   of    tax   duplicate    to   he    given    by 424 

Oath   of 366 

Penalty  for  neglect  or  refusal  to  pay  treasurer  taxes  collected,  428 

Powers   and   duties   of 365 

Settlement  to  be  made  by,  within  three  months  after  expiration 

of  term 42ti 

Taxes   collected   to   be    paid    to    treasurer 426 

Vacancies,  how  filled 183 

Treasurer. 

Accounts   to   be   stated    annually   by 287 

Bond   of 285 

Books   and    records    of.    to   be   delivered    to   successor 28."> 

Compensation  of,  to  be  settled  by  supervisors 285 

Duties  of.   in 285-287 

Taxes  collected  for  lighting   purposes  to  he  received  by,    ....  368 

To  receive  taxes  collected   for  fire  protection ."-m", 

Yacaneies.  filling  of,    180-183 

36 


562 

i 

OFFICERS  AND  EMPLOYEES— Cont.  Sec. 

Treasurer, 

Misappropriation   of   funds   by,    260 

Moneys  to  be  applied  by,  only  for  purposes  for  which  it  was  col- 
lected,       260 

Penalty  recovered  from  auditors  for  refusal  to  perform  duties,  to  be 

paid    to,    329 

Power   to   issue   licenses   to   transient    merchants 1262 

Vacancies   in   office, 

Declared  by  court  for   refusal  or  neglect   to   perform  duties,    ....  192 

Filling  of,  when  declared  vacant  by  court,    192 

Volunteer   police   during  war   time,    1517, 1520 

OFFICIAL  BONDS,  see  OFFICERS  AND  EMPLOYEES. 

ORDINANCES,     1381-1385 

Townships  of  the  first  class, 
Enforcement  of, 

Appeal,   when   proceeding   commenced   by   warrant,   from   con- 
viction for  violation   of  ordinance,    1381 

Arrest   on   view,    procedure   in   cases   of,    1382 

Commitment   of   persons   arrested   for   violation   of   ordinance,       1384 

Costs,  failure  to  pay  when  imposed,  effect  of 1384 

Costs  of  proceedings  and  of  maintenance  of  prisoners  in  county 

jail,    payable    by    township,    1385 

Fines  and  penalties, 

Failure    to    pay,    effect    of,     1384 

Maximum   amount  of,  how  collected,    1384 

Payable    to,    1383 

Procedure   for   collection    of 1381, 1382.  1384, 1385 

Policemen, 

Power  to  serve  process  in  proceedings  for,    1381 

Powers    of,    1380,1381 

Township  liable  for  costs   of  proceedings   and   maintenance  of 

prisoners   in   county   jail,    1385 

Warrants,   when    returnable,    1381 

Person  arrested  for  violation  of,  right  to  trial  and  to  give  bail,   .  .        1380 

Policemen  may  arrest  upon  view  for  violation  of,   1380 

Publication  of,   381 

Public  buildings,  intention  to  take  property  for,  to  be  declared  by,   .  .        1224 
OVERSEERS  OF  THE    POOR,    duty   to    repair    and    maintain    neglected 

cemeteries  in  certain  districts,  payment  of  expense  of,  2120-2122 
PARTITION  FENCES,   see   FENCES. 

PAVEMENTS,  townships  of  the  first  class,  power  to  survey,  lay  out  and 
ordain,   along   turnpike   roads,    State  highways  or  county 

roads 980 

PARKS,   PARKWAYS  AND  PLAYGROUNDS,    1295-1317 

Erection,    maintenance   and    regulation   of 2041-2047 

Playgrounds,  playfields.  gymnasiums,  public  baths,  swimming  pools  and 
indoor   recreation  centers, 

Acquisition   of   land   for 2041 

Bonds,  issuing  of  for  acquiring  lands  for  and  equipment  of,   ....       2046 
Joint   acquisition  by  two  or  more  municipalities,  of  property  for, 

operation  and  maintenance  of,   2045 


563 

Sec. 
PARKS,  PARKWAYS  AND   PLAYGROUNDS,  Com. 

Playgrounds,  playfields,  gymnasiums,  public  baths,  swimming  pools  and 
indoor  recreation  centers,     ('out. 

Paymenl   of  expenses   incidenl   to,  tax  levy  for -047 

Recreation  board,  appointment   of,  terms  of,  compensation,  vacan- 
cies,           2043 

Recreation  board,  officers  of,  powers  and  duties  of,    204  I 

School  districts,  power  to  join  in  equipping  and   maintaining,   ..       2045 

Supervision   and   maintenance   of,    204*2,2043 

Townships  of  the  first  class, 

Bond   in   condemnation    proceedings, 

Effect  of  approval  by  the  court,   1304 

When  and  to  whom  tendered  by  township, 

condition  of 1303 

Cemeteries,  churches  or  schools  not  to  be  appropriated  for 1296 

Costs, 

Incurred  in  condemnation  proceedings  to  be  paid  by 1315 

Payment   of  where   ordinance   repealed   or  proceedings  discon- 
tinued,            1317 

Damages  for   taking  of   property   for,   secured  by   township  funds,       1302 
Damages   in   condemnation   proceedings, 

Interest    on    amount    of,     1 316 

When   finally   confirmed    to   be   a   judgment   against    township,       1316 

When   not   payable   by 1317 

Election, 

To  determine  question  of  acquiring  property  for,  notice,  ballot, 

result 1299-1301 

When    necessary    before    acquiring    property    for,     1297.1298 

When   second   is   permissible   to  determine  question   of  acquir- 
ing  property    for 1301 

Eminent  domain,  exercise  of  to  acquire  land  for,    1200.2041 

Improvement,   maintenance  and   regulation  of,    1295 

Land  outside  township  limits,  not  to  be  acquired  for 1296 

Viewers, 

Appointment  of,    1305,1306 

Duties    and    powers    of,    1300 

First  meeting,    1305 

Notice   of  first   meeting,    1307 

Proceedings   before,    1308,1309 

Service  of  notice  of 1306,1  307 

Viewers*  reports, 

Appeals  from  confirmation   of 1314 

Confirmation  of,    1312 

Effect    of   final    confirmation    of,    1310 

Filing   of,    1309 

Notice  of  filing  of.   contents  of,    1311 

Proceedings    upon,     1310,1312-1315 

PENAL  PROVISIONS, 

Adding  names  to  duplicate  returns  of  assessors,  penalty 1580 

Agreements  with  banks  for  use  of  public  money  for  benefit,  prohibition, 

penalty 2132 

Auditors,  neglect  or  refusal  of  to  perform  duties,  penalty,    .  . .' 329 


564 

Sec. 
PENAL  PROVISIONS,  Cont. 

( Janada  thistles,  failure  to  cut,  penalty,    1987,1988,1989 

Carrying  fire  over  bridge,  penalty,    920 

Commissioners   to    prescribe   penalties   for   violations   of   ordinances,    ..  381 

Currency,   offences  against  by  officers,   prohibited,   penalty 2138 

Cutting   down,   killing  or   injuring  trees    along  highway,    penalty,    ....        1601 

Driving  horse,  etc.,  over  bridge  faster  than   a  walk,   penalty 920 

Driving     motor    vehicle     over     bridge,     unlawful     rate,     misdemeanor, 

penalty 1923,1924 

Embezzlement  of  public  moneys,   penalty 2133-2135,2142 

False  statement  by  secretary   of  township,   penalty 301 

Justice  of  the  peace,  failure  of  to  make   returns  to   Highway   Depart- 
ment of  fines  and  penalties,  collected  under  Motor  Vehicle 

Act,    1951 

Loaning  money  or  securities   of  township,   prohibited,   penalty,    2131 

Persons  swearing  or  affirming  falsely  on  examination  by  auditors,  guilty 

of   perjury,    326 

Public  accounts, 

False    statements    concerning,    penalty,    2141,2142 

Falsification  or  multilation  of,  penalty,    2140,2142 

Receipt   or   possession    of    money   without    entry    upon,    penalty,  2139-2142 
Public  contracts,  interest  in  prohibited,  suretyship  by  officers  prohibited, 

penalty,  2136,2137 

Public  contracts  or  purchases,  officers  not  to  be  interested  in,   239 

Receiving  taxes  from   persons   not   duly   assessed,   penalty,    1580 

Riding,  leading  or  driving  of  beasts  of  burden  upon  sidewalks,  penalty, 

collection    of,    1931 

Statute    of   limitations,    '.'14.'; 

Tax  collector,  failure  of, 

To   furnish    receipt    to    tax    payer,    penalty,    1571 

To    make    monthly    returns    or    payment    over    of    taxes    collected, 

penalty 1 573 

To  make   monthly   settlements,   penalty,    4L'S 

Township  treasurer, 

Misappropriation  by,  of  funds,  penalty,   260 

Neglect  or  refusal  by,  to  perform  duties  of  office,  penalty 260 

Violation  of  provisions, 

Township   Code,    penalty 240 

Motor    Vehicle    Act,    1935-1958 

PIG-PENS,  townships  of  the  first  class,   regulation  of   in,    381 

PLAYFIELDS,   erection,   maintenance   and   regulation   of,    2041-2047 

PLAYGROUNDS,  see  PARKS,   PARKWAYS   AND   PLAYGROUNDS. 
POLICE,  see  OFFICERS  AND  EMPLOYEES. 

POLICE  AND  VOLUNTEER  POLICE,  see  OFFICERS  AND  EMPLOY- 
EES. 
PRISONERS,  see  TOWNSHIP  PRISONERS. 

PRISONS,  use  of  by  officers,  compensation  for,    2144,2145 

PROVISIONS  NOT  INCLUDED   IN   GENERAL  TOWNSHIP  ACT.    ..  2 

PUBLIC  AMSEMENTS,  see  SHOWS. 

PUBLIC  BATHS,  erection,  maintenance  and  regulation  of,    2041-2047 

PUBLIC  BUILDINGS  AND  WORKS, 

Assessment  of  damages  for  taking  of  property  for,  by  viewers 1229 


565 

PUBLIC  BUILDINGS   AM»   WORKS,  Cont. 
Bonds, 

From  contractors  for  protection  of  labor  and   materialmen,  suits 

upon 2002,2003 

In  condemnation   proceedings,    1226,1227,1228 

Cemeteries,   power   of   eminent   domain   does   not   include Il'l*". 

Church,  power  of  eminent  domain  docs  not  include,    1223 

Citizens  only   to  he   employed    on   contracts   for,    2005,2000 

Condemnation   of  land  heretofore   granted   for  other   purposes,   for   nse 

in    erection    of,    ]  L'L'S 

Contracts  for, 

List   of   materials    needed    to    accompany,    1236 

Lowest  responsible  bidder  to  be  awarded 1235 

When   separate    for    plumbing,    heating,    ventilating    and    electrical 

work,    1 1'."!.") 

Contractors    on,    to    accept    provisions    of    Workmen's     Compensation 

Act 1999,2000,2001 

Costs  of  proceedings,  etc.,  acquisition  of,  payment  of,  for,   1233 

Damages    awarded    in   condemnation    proceedings,    payment    of,    !-■".* 

Eminent  domain, 

Power  of,  for  erection  of  townhouse,  hose  house,  lockup  and  other 

necessary   buildings 1 222 

Procedure  in,    1222-123 1 

Flags  on  public  buildings 2007,  2008 

Hose  house,   power   of  eminent   domain   for   erection   of,    1222 

Intention  to  take  property  for,  to  be  declared  by  ordinance 1224 

Jury  trials,  demand  for,  in  condemnation  proceedings,    1232 

Lockup,  power  of  eminent  domain  for  erection  of,    Vl'2'2 

Performance  of  work  upon,  within  territorial  limits  of  township,  right 

to    provide    for,    1997,1998 

Plumbing,  heating,  ventilating  and  electrical  Avork  in,  separate  bids  for,        1235 

Power   to   condemn   property   for,   procedure,    1222-1234 

Regulation  and  construction  of  buildings  by  township  commissioners,  381 
Schools,  public  or  parochial,  power  of  eminent  domain,  does  not  include.  1223 
State  Art  Commission, 

Annual   report    of,    ]!)!».". 

Appointment  and  compensation  of,    1990,1991 

Approval   by,   of  public   buildings   and   memorials 1!)!)  I 

Clerks  and  assistants,  appointment  and  compensation  of 1993,1996 

Rules  of  procedure,  authority  to  adopt,   1992 

Townhouses,  power, 

Eminent   domain    for   erection   of,    1 222 

To  borrow  money  for  erection  of,   l:_"_'l 

To  procure   ground    for   and    erect,    1220 

Townships  of  the  first  class, 

Inspection  of  construction,  repair  of.   provision  for 2004 

Regulations  for  construction  and  repair  of  buildings  to  be  made  by 

ordinance,    penalties 200  | 

Townships  of  the  second  class,  lockups,  erection  of  by  supervisors  after 

election,    liT.i  i 

Validation   of  ordinances,   regulations  or  contracts   providing   for   work 

on,   to  be  done  within   territorial   limits  of  township 1998 

Viewers  in   condemnation   proceedings, 

Appeals   from    reports   of,   demand   for   jury    trial,    1232 


566 

PUBLIC  BUILDINGS  AND  WORKS,  Cont.  Sec. 
Viewers  in  condemnation  proceedings,  Cont. 

Appointment,   powers   and   duties,   and   reporl    of,    1229-1231 

Workmen's  Compensation  Act,  provisions  of  to  be  accepted  by  contrac- 
tors   on, 1999,2000,200] 

PUBLIC  HEALTH, 

Bone   boiling   establishments,   conduct   and   supervision    of 2098 

Communicable  diseases, 

Attendance    at    certain    places,    of    children    suffering    from,    pro- 
hibited    2071-2073 

Bedding,  clothing,   etc.,  lending,   selling  and  transmitting  of 2082 

Blanks  to  make  reports  of,  to  be  furnished  by  health   authorities,  2077 
Bulletins  containing  names,  etc.,  of  persons  suffering  with   certain 

diseases,    to    be    issued    by    authorities 2078 

Burial    of   bodies   of   persons   dying   from,    2085-2090 

Children   and   other   persons   residing  in  certain   premises   may   be 

permitted    to    leave    under    certain    conditions,     2074 

Children  and  other  persons  suffering  from,   not  to   attend   certain 

places 2071 -207.-! 

Children   to   be   removed  from   schools   in   certain   cases.    2075 

Churches    and    public    halls,    etc..    bodies    of    persona   dying    from, 

not    to   be   taken    to,    2088 

Conveyance   of  bodies   from   home   to  cemetery,    2000 

Conveyances   at   funerals 2080 

Defined,    * 2007 

Department    of    Health,    power    of    to    declare    other    than    those 

set  forth  in  act,  as, 2007 

Penalties   for   violations   of   acts   relating   to,    2092 

Persons  suffering  from,  not  to  expose  themselves,    JOS] 

Physicians,   duty   to  report   to   health   authorities 2067 

Quarantine  of  premises  and  persons,  placard,   2068,2069 

Quarantine,    period    of 2009 

Re-admission  to  schools  of  children  excluded,   2076 

Removal   of  suspected   cases   from   schools,   reports  by   persons   in 

charge,      2075 

Renting    rooms,    houses,    etc.,    prohibited    until    after    disinfection,  2083 
Reports  of  suspected  cases,  by  persons  in  charge  of  schoools,   ....  2075 
Reports  of  State  Department  of  Health  by  local  health  authorities,  2091 
Rules   and    regulations    with    regard    to,    power   of   health    authori- 
ties to  adopt,   < 2084 

Services  at  burials  to  be  private,   2087 

Vehicles  carrying  persons  suffering  with,  disinfection  of,    2080 

Cost    of   maintenance   of   person   contracting   disease   in   township   with- 
out  settlement    therein,   cost    of,    2093 

Persons  contracting  infections  or  contagious  disease  in  township  before 
gaining  settlement,   treatment  of,   payment  of  expense  of, 

notice,    2093 

Quarantines  of  premises  in  which  communicable  disease  exists,   ....   2068-2070 
Rubbish   and   waste  materials. 

Interfering    with    receptacles    containing',    prohibited,    penalty,     ..  2099 

Throwing   of,    on    any   street    prohibited,    penalty,    2099 

Spitting, 

Arrests,   power  to  make  for  violation  of  act 2104 


567 

PUBLIC  HEALTH— ('out.  Sec. 
Spitting— <  !ont. 

Penalties  for  violating  act 2102,  21<»:; 

Prohibited  in  certain  places 2100 

Receptacles,    cleaning    of 2103 

Signs    warning    public,     posting    of -J](I1 

State  Department  of  Health,   regulation  by,  of  bone  boiling  establish- 
ments   2098 

Township  of  the  first  class, 

Abatement  of  nuisances,  prejudical  to  health,  in .",M.  jh.v.i.  l>im;u 

Administration  of  health  laws  by  Commissioner  of  Health  of  State, 

when    permitted 200.*! 

Board  of  Health, 

Appointment  of  and  number  of  members,   ■_,or>r> 

Appropriations    to,    2062 

Blanks   to   report   communicable   disease,   to   be  furnished   by,  2077 

Bond  of  secretary  and  health  officer 2056 

Bulletins    containing   names,    etc.,    of    persons    suffering    with 

diseases,    issuing    of 2078 

Commissioner  of  Health  of  State,  when  empowered  to  adminis- 
ter  laws,    in    townships 2063 

Entering   of   premises,   by 2060 

Establishment   of.    £054 

Expenditures,    annual    estimate  of 2002 

Expenses   of,    and   of   commissioner,   how    paid,   how   collected 

from  township,  payment,    2064-2006 

Health  officer, 

Election   of,    2056 

Powers   and   duties  of,    2058 

Nuisances,  abatement  of,   2059-2061 

Oath   of   members ■_'<>."".»' 

Organization    of,    2056 

Powers    and    duties    of 2050.  2061 

President,    election    of,     2< '.■">•  * 

Quarantine,  removal  of,  disinfecting  premises 2058,2079,2080 

Recovery  by,  from  persons  taken  sick,  of  cost  of  maintenance,  2094 
Reports, 

To  be  made  by  secretary,    2057 

To    commissioners 2062 

To  State  Department  of  Health   by,    2091 

Rules  and   regulations. 

Power   to    adopt,    effect    of,    penalty 21 '•">!> 

With    regard   to  communicable  diseases,    power   to   adopt.  2084 

Salaries,    members   of,   not    to    receive,    except    secretary 2055 

Salaries   of  secretary    and    health    officer 2056 

Secretary. 

Duties  of 2057 

Election    of 2056 

Terms   of    office.         2< 155 

Of  secretary  and  health  officer 2<K3<i 

('ess  pools,   regulation   of 2059 


568 

S«c. 
PUBLIC  HEALTH— Cont. 

Townships   of   the   First   Class, — Cont. 
Communicable  diseases, 

Disinfecting   premises 2058,  2070.  2080 

Health   officer,  duty, 

To    disinfect    premises,    2058 

To  placard  quarantined   premises,    2058 

Establishment   of   board   of   health,    2054 

House  drains,  regulation  of,   2059 

Soil  pipes,   regulation   of,    2059 

Wash   pipes,    regulation   of,    2059 

PUBLIC   LIBRARIES, 

Appropriations  and  contributions  to  be  disbursed  by  Board  of  Library 

Directors,     2027 

Appropriations  to  establish  and  maintain,  power  to  make,  limit,  2014,  2023,  2025 
Board  of  Library  Directors, 

Annual    report.     2027, 2028 

Appointment   of, 2010 

Audit  of  accounts   of  treasurer,    2027 

Bond  of  treasurer,    2023 

Control   of   all    money   raised,    2017. 2019, 2027 

*      Control    of    library,    2016. 2020 

Number  of  directors,    2020 

Organization    of,    officers,    election    of,     2021 

Rules  and  regulations,  power  to  adopt 2030 

Salaries,   none  to  receive,    2020 

Terms    of    directors,    2020 

Treasurer,    audit   of    accounts    of 2027 

Vacancies,   filling   of 2020 

Bonded    indebtedness,   election   on    question    of   creating.    •• 2037 

Branches,    deposit   station,    and    traveling    libraries,    2029 

Contracts   with   existing  non-sectarian  libraries,   terms  of  contract,   re- 
newal,            2024 

County  system,  township  may  become  part  of,   2026 

Eminent  domain,  exercise  of,  to  acquire  private  property  for,    ....   2034-2036 

Existing  free,   public  libraries,   public  aid  to,    2032 

Gifts  of  real  and  personal  property,    20.",  1 

Joint  libraries,   agreements   to   establish    and   maintain,    2022, 2020 

Lands  and  buildings  for,  purchase  of,  power  to  set  apart  for 2033 

Maintenance  of,  when  established  by  popular  subscription 2019 

"Municipal  Authorities"  defined 2013 

"Municipality"   defined,    2012 

Non-residents,   use   of,   by,    2030 

Penalties  for  violation  of  act 2039 

Popular  subscriptions  for  establishment  of,  limit  and  payment  of,    ...        2018 

Purchase  of  lands  and  buildings  for,   2033 

Submission  of  question  of  establishing,  to  vote,   2015 

Subscriptions  for  establishing  may  be  accepted,  limit,  payment  of,    .  .       2018 
Tax, 

Levy  and  collection  of, 

After  vote, 2016,  2017 

For  maintenance  when  established  by  popular  subscription,  .  .       2019 


569 

1M  BL1C  LIBRARIES,  Coin. 
Tax,  Cont. 
Levy  of, 

By  counties,   2026 

Without  submission  to  vote,  2017 

Levy  to  be  made  annually  unless  vote  taken,   H<>17 

Quest'on  of  establishing  annual,  submission   to  voters 2015 

Taxation, 

Exempt  ion  of  buildings  and  lands  from 2038 

Gifts,  devises,  grants  and   endowments  to,  exempt  from  collateral 

inheritance    tax,     2038 

Taxes  to  establish  and  maintain,  power  to  levy  special 2014 

Traveling  libraries 202!) 

Use  of  existing  library  by  municipality,  contract    for 2<>o.4 

When  no  new   public  library  shall  be  established,    2032 

RAILROADS  AND  RAILWAYS, 

Contracts  of,  with   townships  of  the  first  and  second  class,    1160-1165 

Exclusive  franchises  for  use  of  streets,  enforcement  of  contract   for,    .  .        1163 
Franchises,  powers,  duties  and  liabilities:  regulation  of  by  contract,   ..        1161 

Laying   and   relaying    tracks,    1164 

Relocation,  change  or  elevation  of  roads,    1100 

Removal  and  laying  of  tracks,   change  of  route,    1162 

RAM,  see  STRAYS. 

REAL  ESTATE,  conveyances  of  in  first  class  townships   to  be  entered  of 

record    by    town    clerk, 1547 

RECORDS, 

Inspection  of, 

By    State   Highway    Department,    194 

In  townships  of  the  first  class,  302 

ROAD  MASTERS,  see  OFFICERS  AND  EMPLOYE  lis 
ROADS,  STREETS  AND  HIGHWAYS. 

Acceptance  of  those  dedicated   to  public   use  in   townships  of  the  first 

class,    525 

Accounts  of  expenditures  on. 

Books   and  forms   for.   to   be   supplied   by   State   Highway   Depart- 
ment,            L880 

Method    of   keeping,    to   be    prescribed    by    State   Highway    Depart- 
ment         1  SSI  I 

Alleys,  see  Lanes  and  Alleys. 

Altering  and  widening  of  those  connecting  municipal  corporations,  dama- 
ges  for 17!Jt*> 

Alteration  and  relocation  of  those  leading  to  parks  and  public  grounds 

vested  in  the  State,  procedure  for,  damages  for 1797-1801 

Assessment  of  property  outside  limits  of  township  for  street  improve- 
ment,      820 

Barriers    along    precipices,    erection    and    maintenance    of,    by    county, 

proceedings    for,     1801 

Bulletins  of  instruction  to  be  furnished  by  State   Highway  Department 

to  supervisors,    L878 

Canada  thistles,  duty  of  supervisors  to  cut    and  destroj    when  glowing 

along 1989 

Change,  or  vacation  of  roads  by  bridge  viewers 1KH4,  1K87.  1888 

Change  or  alteration  of  without  view,   * 685,  686 


570 

|«c. 
ROADS,   STREETS  AND  HIGHWAYS,  Cont. 

Changing  or  altering  by  agreement  with  property  owners 685 

Limit  of  expense  to   township   in,    686 

Map  or  draft  shall  accompany  petition  for,    686 

Closing  of, 

Before  new  road  opened,  forbidden,  1785 

To  travel, 

Detours,   maintenance   of,    1851 

Duty   of   authorities   in,    1850, 1851 

Coal  tipples  on,  regulation  and  control  of  by  Slate  Highway  Depart- 
ment,      727 

Commissioners,  notice  to,  of  views  and  reviews  of  roads,    1728 

Complaint  of  citizens  as  to  condition  of, 

Appointment   of   examiners, 193 

Security  for  costs  of  examination  of  roads,   193 

Connecting  municipal  corporations, 

Altering  and   widening  of,  damages  for,    1796 

Widening  and  altering  of,  damages  for 1796 

Construction  and  maintenance  of  by  county,   1808 

Township  authorized  to  assist  in 1811-1814 

Contracts, 

Assistant  engineer  of  township  highways,  not  to  be  interested  in, 

penalty,    1882 

For  maintenance  of,  not  abrogated  by  transfer  of  road  to   State,       1820 
Of   supervisors,    approval   of   by    township   commissioner   of    State 

Highway  Department 1873, 1875 

With  tax  payers  for  opening  and  repairing  of,   710-716 

Bond  to  be  given  by  tax  payer  to  secure  township,   712 

Contents  and   obligations  of, 714 

Court  may    authorize,    714 

Exemption  from  road  tax,  in  cases  of,   715 

Petition  by  tax  payer  to  court  to  secure,   711 

Powers  and  duties  of  commissioners  and  supervisors,  in  cases  of,         716 

Notice  of  petition  and  bond  to  township  officers, 713 

Salaries  of  officers  of  township,  payment  of  in  case  of 714 

Convict   labor   on,    1860-1869 

Commutation  of  sentence  for 1867 

Definition  of  terms  in   act,    1860 

Detail  of  convicts  for,  by  jail  warden,    1861 

Disbursements   and    expenditures   for, 1869 

Not  to  be  employed  in,  skilled  labor,   1868 

Remuneration  to  convicts  for 1864 

Payment   of   to   dependents,    1865 

Request  for  convicts  for, 1861 

Rules  and  regulations  for  convicts  at,   1862, 1863 

Supervision  of  work,    1866 

County   commissioners,    authority   of   to   lay   out,    relocate,    straighten, 

widen,  extend,  alter  and  open  township  roads,    1802,  1803 

County  roads, 

Control,   repair  and  maintenance  of,    1808, 1804 

Conversion  of  townhip  roads  into,    1808 


71 


ROADS,  STREETS  AND   HIGHWAYS,  Cont.  Sc-. 

( 'dii iii  v  roads,  <  "oni . 

» 

Township  may  assist   in  construction  and  maintenance  <>f,   ....   1811-1814 

Vacation  of L805 

To  make  them   township   roads 1794 

When  vacated  to  become  township  roads,   1805 

Damages  and  benefits  for  laying  out,  widening,  changing  or  vacating  of 

certain,  general  road  law  to  apply  t<> t'rin 

Dedicated  to  public  use,  acceptance  of  by  commissioners  in   townships 

of  the  first  class 525 

Detours, 

Erection  and  removal  of  signs  indicating 1851 

When   authorized,    maintenance    of 1851 

Ditches  and  drains, 

Authority  of  supervisors  and  commissioners  to  enter  upon  private 

lands    for   supervision    of,    699 

Penalty   for   interfering   with,    699 

Division  of  township  highways  in   State  Highway  Department, 

Engineer,  appointment,  bond,  expenses  and  salary  of 1871, 1872 

Establishment  of,    1870 

Officers  and  employees  in,  appointment,  bond,  expenses  and  salary 

of,    1871.  1872 

Township  commissioners, 

Powers  and   duties  of 1873-1875 

To  be  in  charge  of,  1870 

Entry  on  private  property  to  secure  road  material  and  to  open  ditches 

and   drains,    695-699 

Determination  of  value  of  materials 696 

Procedure  for, 697.  698 

Extortion  from  travelers  on,  prohibited,  penalty 845 

Fences    along,     750, 761 

Forming  boundary  lines,   property  in    adjoining  municipality  liable   for 

improvement    of 820 

Glass,  metal  or  refuse  not  to  be  thrown  on.  penalty  for 1858.  1859 

Grades  of  highways,  certain  changes  in,  at  drains  and  culverts,  prohibi- 
ted,     810 

Guide  posts  and  index  boards,  see  also  Sign  Boards. 

Contents  of 735 

Erection  of, 

At  intersections  of  highways 735 

At  intersection   with   State  highway 7.'!.~> 

Definition  of  certain 738 

Penalty  for  violation  of  provisions  relating  to 739 

Supervisors  and  commissioners  liable  for  failure  to  maintain 736 

Unlawful  to  destroy,   remove,   injure  or  deface.    737 

Improvement  and  maintenance  of  by  county,  proceedings  for 1S06 

Improvement   of    those    forming   boundary    lines,    property    in    adjoining 

municipality,  liable  for,    820 

In  townships  of  the  first  class. 

Acceptance  of  those  dedicated    to   public   use 525 

Commissioners,  consent   and   approval   of   for   laying  out,   opening, 

etc.,   of  roads,    1 729 

Dedicated  to  public  use,  acceptance  of  by  commissioners,   525 

Employment  of  workmen  on,   213 


572 

ROADS,  STREETS  AND   EIGHWAYS,  Cont. 
In   townships  of  the  iir.st.  class, —  Cont. 

Grading,  curbing,  paving,  macadamizing  boundary  streets,   600-(K)2 

Agreements  with  adjoining  boroughs  for,    600 

Costs   and   expenses  of,   method  of  ascertaining,    602 

Expenses    of.    division    of    between    township    and    adjoining 

borough .  600 

Petition  of  abutting  property  owners  required  for, 601 

Grading,    paving,    curbing,    macadamizing    or    otherwise    improving 

connecting   streets,   additional   widths  of   State  highways,  585-587 

Cost  and  expense  of,  collection  of 587 

Ordinances  for  and   notice  thereof 586 

Grading,    paving,    curbing,    macadamizing,    <>r    otherwise   improving 

streets   upon    petition   of  a   majority   of  property  owners,  550-565 

Appointment  of  viewers  to  assess  damages  and  benefits 553 

Costs   of  proceedings   in   township,   liable   for,    559 

l>a  mages  and  benefits, 

Appeals  from  report  on 565 

By  tax  payer  on  behalf  of  township,   565 

Not  to  prevent   filing  of  liens  for,    563 

To    common    pleas    court 561 

To   Superior  or   Supreme  Court, 562 

Apportionment    of,    557 

Assessment   of  by   viewers 554 

Collection  on  lien  for,   not  to  be  defended  by  matters  of 

exception   and   appeal,    565 

Confirmation  of  report  on,   560 

Costs  on  appeal  from   report  on 561 

Exceptions  to  report  of  viewers  on, 560 

Interest  payable  on,   564 

Modification  by  court  of  report  of  viewers  on,   560 

Notice, 

Of  report   on,    558 

To  property  owners  of  assessment  of 555 

Report  of  viewers  on.  assessment  of,   556 

Report  on,  conclusive  when  confirmed 564 

Tax    payers    may    intervene    in    proceedings   on    behalf   of 

township 565 

Majority, 

Based  upon  length  of  abutting  lines,   550 

Determined   by   court 552 

Determined  by  date  of  petition, 551 

Notice. 

By    viewers    of    meeting    for    assessment    of   damages    and 

benefits 553 

Of  petition   and  ordinance  to  property  owners 551 

Viewers, 

Duties   of 553-556 

Time  of  appointment  of 559 

Laying    out    and    establishing    grades,    and    grading,    paving,    con- 
structing and   repairing  roads,   at   public  expense,    525 


573 
\ 

Sec. 

ROADS,  STREETS  AND  HIGHWAYS,  Cont. 
In  townships  of  the  first  class, — Cont. 

Laying  out,  opening,   widening.   Btraightening,   vacating   and   relay- 
ing of, 
Authority  of  (.-(1111111  issioners  upon  petition  of  property  owners,         495 
Commissioners   have  authority   for,   upon   petition  of   property 

owners 495 

Commissioners   to  make  report  on, 498 

Damages, 

Exceptions  to  and  appeals  from  assessment  of, 508 

For  property  taken  or  injured  by,   502-508 

To   abutting  owners 504 

Damages  and  benefits. 

1  Hvision   of,    507 

Exception  to  assessment  of,   505 

Notice  of,   assessment  of,    505,  5<  ><  i 

Exceptions  and  appeals  from,  award  of  damages  for 508 

Exceptions  to  report  on, 4W 

Extension  of  streets  of  adjacent  cities  or  boroughs, 511 

Grade,  change  of,  to  be  considered  in  fixing  damages,   503 

Notice, 

Of  assessment  of  damages  and  benefits 505,  50*1 

Of  meetings  for,  to  be  given  to  property  owners 497 

Of  ordinance  for 509 

Of  view 501 

Ordinances  for,  notice  of  passage  or  approval 509 

Petition  for  review  of  proceedings 199 

Prohibited  in  certain  places,  -!'!l • 

Report, 

Of  commissioners  on,  to  contain  draft  or  survey,   498 

Of  commissioners  to  be  filed  in  court 198 

Of  viewers  to  show  grades 503 

Resolution  of  commissioners  required,  filing  of,    1729 

Review  of  proceedings  of  commissioners  on,   500-508 

Vacation  of  streets,  lanes  and  alleys,  unopened,  for  thirty  years,  512 

Viewers,   duties   of. 502-  507 

Width  of  road  fixed,    510 

Witnesses   may  he   summoned   and   examined   at   meetings  for,  497 

Lights,   establishment   of,    along 381 

Paving   upon    petition   of   two-thirds   of   property   owners 535-  538 

Assessment   of    two-thirds    of   costs    and    expenses  of,   upon    a- 

butting  property . 536 

Costs  and   expenses. 

Collection   of  from   abutting   property 537 

Two-thirds  to  be   assessed   upon    abutting  property 536 

Owner  of  abutting  property,  notice  to,  of  assessment  of.  costs 

and    expenses 537,  538 

Plans    of   streets 626,  627 

Approval  of  by  commissioners   required  before  recording.    . .  .  626 

Damages  for  improvements  within  lines  of.  not  allowed 625 


574 

ROADS,  STREETS  AND  HIGHWAYS,  Cont.  Sec. 
Jn  Townships  of  the  First  Class — Cont. 
Plan  of  Streets, 

Filing  of  in   office  of  engineer,    625 

Penalties  for  violations  of  regulations,    627 

Streets  or  alleys  on,  not  to  be  altered  without  consent  of  com- 
missioners,       625 

Subdivisions  of  property  to  conform  thereto,   625 

Reports  relative  to,  to  be  made  to  State  Highway  Department  by 

township  commissioners 214 

Tools,  implements  and  machinery  for  use  on,  to  be  purchased  by 

township   commissioners,    381 

Township  aid  in  improvement  of  county  roads,    610-  615 

Agreement  with  county  commissioners  for,    610 

Apportionment  of  cost  between   county   and   township,    611 

County  to  keep  road  in  repair,    611 

Costs  of, 

Assessment  of  according  to  benefits,    615 

Assessment  of  according  to  foot-front  rule,    614 

May  be  assessed  upon   abutting  real  estate,    612 

Only   when  owners  petition   for   improvement 613 

Permits   to    public   service   corporations   for  operations    under,  611 

Township   ordinance  for,   provisions  of,    610,  611 

In  townships  of  the  second  class, 

Bond  to  be  given  by  contractor  for  road  work,    237 

Contracts  for  work  and  machinery  to  be  approved  by  State  High- 
way  Department,    386 

Care,  maintenance  and  repair  of,    230,  236,  237,  241 

Improvements  and  repair  of,  for  definite  time  by  contract,   237 

Lights,   establishment   of,   along,    386 

Material  and  machinery  for  use  on,  to  be  purchased  by  supervisors,  386 
Reports  relative  to,  to  be  made  to  State  Highway  Department  by 

supervisors,     238 

Rewards  for  construction  of,    432-  435 

Withholding  of,  for  neglect  of  supervisors  to  observe  rules  of 

Highway  Department,    437 

Supervision  of,  in  hands  of  township  supervisors,    230 

Supervisors  to  have  charge  of,    230 

Lanes    and    alleys4   declared   nuisances    by    board    of    health    or    health 

authorities,     '. 775-  782 

Appointment  of  viewers  to  vacate,   776 

Petition  to  court  by  adjacent  property  owners  for  vacation  of,    .  .  775 
Vacation   of, 

Appeal  to  court  from  report  of  viewers  on,    780 

Costs,  damages  and  expenses  of,  to  be  paid  by  township,   ...  781 

Exception  to  report  of  viewers  on,   77!t 

Notice  of  filing  report  of  viewers  on 778 

Procedure   for,    775-  782 

Prohibited    in   certain   cases,    782 

Laying  out, 

Appeals  from  assessment  of  damages  to  property  caused  by, 

Affidavits   and  signature   to,    1755,1757 

Time  and   notice  of 1754,1756 


575 

ROADS,  STREETS  AND  HIGHWAYS,  Cont.  Sec. 

Laying  out, — Cont. 

Appointment  of  viewers  for  purpose  of,    1726 

Benefits  to  be  considered  in  assessment  of  damages  for 1752 

By  supervisors  and  commissioners   in  certain   townships, 

Appeal   and  certiorari   on  proceedings  in,    1705-1767 

Assessment  for   use  of  private   road 1764 

Assessment  of  damages  to  property,  caused  by 1761,1762 

Damages  to  property  caused  by, 

Appeals  from  assessment  of,  time  and   notice  of 1754,1750 

Award  to  include  damages  due  to  grade,    1750 

Benefits  to  be  considered  in  assessments  of 1752 

Confirmation  of  report  of  viewers  on 1741.1742 

Expiration    of    claim    for,    1748 

1'ayment  of  by  county,    1749 

Petition   and   view   to   assess,    1747.1748 

Proceedings   to  enforce  payment   of   award,    1712 

Provisions  of  act  to  apply  to  roads  opened  under  special   acts,        1753 

Time  for  confirmation  of  report  of  viewers  on,    171". 

Time  within  which  petitions  for  assessments  are  to  be  present- 
ed,        1747.17  1V 

Viewers  to  secure   release  of.   or  t<>   assess 17.".X 

When    new    road   on    dividing   line    between    townships,    1788 

Expenses  of  view,  liability   for,    1751,1759 

<  Jrade  of  new   road 1739 

Notice  of  proceedings  for,   to  supervisors  and  commissioners,    ....        1728 

Of  private   roads 1768 

On  division  line  between   townships, 

Costs   and  expenses   of ' 1 788 

Proceedings, 1789 

Damages  to  property  caused  by,   ( 1788 

Number  of  viewers   on 1790 

Opening  of  through   burial   grounds   and  cemeteries,   forbidden,    ..        1730 
Plan  of  grades  to  accompany  report  on  assessment  of  damages  for,       1750 

Proceedings  to  be  recorded,    1745 

Report  of  viewers, 

Confirmation  of 1741.1742 

Contents  of,    1739 

On  assessment  of  damages  caused  by 1749 

To  include  damages  due  to  grade 1750 

To  include   plan  of  grades 1 7.~>0 

Plot  or  draft  to  accompany,   1739 

Time  for  confirmation  of,    174.'! 

Time  for  making 1739,1740 

Re-views,  application  for,    1758 

Surveyor,  to  be  supplied  on  all  views  and  reviews,    1731 

Terminus  of  new  road  need  not  be  in  public  highway,   1733 

Viewers, 

Duty   of 1735,1738 

Number  of 1732 

Number  required   to   act 1737 

Oath  of 1734 


576 

ROADS,  STREETS  AND  HIGHWAYS,  Gont.  S«e. 

Laying  out,   Cont. 
Viewers,   Cont. 

Qualifications  of,    . 1730.1732 

Report  of  on  damages  to  property,   1738 

Width  of  road  to  be  fixed  by  court,   1745 

Laying  out,  alteration  and  vacation  of  by  county  commissioners,  •.  .   1802,1803 

Laying  out,  altering  and  vacating  of  those  on  dividing  line  of  two  adjoin- 
ing counties, 
Appointment  of  joint  board  of  viewers  by  courts  of  the  two  counties,       1727 
Courts  of  the  two  counties  to  have  concurrent  jurisdiction 1737 

Laying  out  and  opening  of  those  leading  to  driving  parks,  fairgrounds, 

etc.,    760-  763 

Damages   to   private   property   in,    760 

Procedure   for  collection   of,    762,  763 

Who  liable  for, 761 

Fences  along,   761 

Petitions  to  commissioners  or  supervisors  for,    760 

Laying  out  of  certain,  general  road  law   to  apply  to,    640 

Laying  out  of  in  townships  under  special  laws. 

Assessment  for  use  of  private   road,    1764 

Damages  to  property  caused  by,  assessment  of,  procedure,   ....   1761,1762 

Leading  to  parks  and  public  grounds  vested  in  the  State, 

Maintenance  and  repair  of  when  altered  or  relocated,    1800 

Vacation,  alteration   and  relocation  of,  procedure  for,  damages,  1797-1801 

Local  or  special  laws,   effect  of,   repeal  of, 1703 

Notice,    to    supervisors    and    commissioners,    of    views    and    reviews    of 

roads,    1T18 

Nuisances  on,   prohibited,   penalty   for, 846 

Obstructions  on, 

Prohibited,    penalty   for,    846 

Regulation  and  control  of  by  State  Highway  Department 727 

On  dividing  line  between  city  and  township, 

Improvement   of   at  joint   expense,    1808-1810 

Proceedings   to    divide   expense   of   improvement   of,    1810 

Opening  and   repairing  of.    660 

Damages  due  to  grade,    1750 

Opening,  repairing  and  improving  of,  on  boundary  line  of  township,   .  .  670 

Cost  and  expense,  division  of,   674 

County  may  pay  portion  of  expense  of,   672 

Payment   of   expenses   of <)7i  i 

Penalty  on  officials  for  neglect  or  refusal  to  join  in, 671 

Plans    and    specifications   for,    (>7.-,> 

Pipes  under  and  on,  regulation  and  control  of  by  State  Highway  Depart- 
ment   727 

Plans  and  specifications  to  be  furnished  by  State  Highway  Department 

to  supervisors,    1 878 

Procedure  when  officials  of  one  township  fail  to  join  in 671 

Poles  on,   regulations   and   control   of  by   State   Highway   Department,         727 

Private  roads. 

Damages  to  property  for  opening  of, 1774,177f» 

Gates    on,    . :..*. 1770-1772 

Laying   out   of,    1768 

Opening,  fencing  and  repair  of,    1773 


577 

ROADS,  STREETS  AND  BIGHWATS,  Cont. 

Private  roads,   Cont. 

Participation  in  use  of,  1775 

Width    of,     1 769 

Railroad  crossings, 

At  grade  prohibited,   725 

Control  and  regulation  of. 

By    Public   Service   Commission 726 

Construction  of  by  State  Highway  Department,   727 

Damages   to   property    in   construction    of,    to   be   fixed    by    Public 

Service    Commission,    726 

Railroads   and  street  railways   on,   construction   of  regulated  by   State 

Highway  Department,    727 

Refuse  not  to  be  thrown  on,  penalty  for,   1858,1859 

Reports  as  to  amount  expended  for  maintenance  of,  to  State  Highway 

Department,    238 

Roads  on  State  boundary  lines,  duty  of  township  officers  pertaining  to,  1776 
Sign   boards,  see  also   Guide  Posts   and   Index  Boards. 

Description  of  those  included  in  the  act,   1857 

Erection   and  maintenance  of,   on   State-aid   highways,    1845 

Erection  and   removal  of  those  indicating  detours 1851 

Injury,   removal,  defacing  or  destroying  of,  prohibited,  penalty,    .  .  1856 

Snow  drifts  on,  protection  of  highways  from,   750 

State-aid   highways. 

Authority  to   incur  indebtedness  for   reconstruction  of,    1824,1827 

Contract  for  construction  of,  township  may  bid  for,   ' 1841 

Construction  of  where  portion  lies  in   a  borough  or  incorporated 

town 1840 

Damages  to  property  for  taking  land  in  altering,  location  of,  pro- 
portion to  be  paid  by  township,    1842 

Definition   of.    1844 

Funds  allotted  to  county  and  not  used  to  revert  to  State-aid  fund,  1837 
Improvement  and  maintenance  of, 

Agreement  with   State   Highway  Department  for,    1836 

Contract  for  reimbursement  to  county  for  cost  of,   1847 

Indebtedness    and    bond    issues    for,    1848,1840 

Petition  by  property  owners  against, 1835 

Petition  by  property   owners  to  township  officials  for,    . .  .   1833,1834 

Petition  by  township  officials  for   State-aid,    1832.1849 

Petition  for  when  by  county  and  township  jointly,   1S40 

Proceedings   to   compel   action  by   township  officials  for,    .  .    1833,1834 

Proportion  of  expense  to  be  paid  by  township,   1831,1832,1839 

Proportion  of  expense  to  township,  payment  and  collection  of,  1843 

Minimum   length   and   width   of,    • 1838 

Plan  of,  information  for.  to  be  furnished  by  township  officials,   .  .  1846 

Sign  boards  to  be  erected  and  maintained  at  cross  roads  on 1845 

Township  may  bid  for  contract  for  construction  of,   1841 

State   highways, 

Authority  to  incur  indebtedness  for  reconstruction  of,   1824,1827 

Certain  roads  to  become,    1821 

Completion   of   improvements   on  by   township   before   transfer   to 

State 1820 

For  repair  by  street  railway  or  other  corporation  not  abrogated 

::t— 2— lOio. 


578 

ROADS,  STREETS  AND  HIGHWAYS,  Gont.  .  Sec. 

by  t  ransfer  to  State 1820 

With   township   for   reconstruction   or   improvement  of,    1823 

State  highways,   Cont. 
Contracts, 
Improvement  and  maintenance  of, 

Contract  for  reimbursement  to  county  for  cost  of 1847 

Indebtedness   and  bond   issues   for,    1848,1849 

Petition  for,  when  by  county   and  township  jointly,    1849 

Reconstruction  and  improvement  of,  share  of  cost  on  township,  1826,1827 

Repair  and  maintenance  of,    1821,1822 

Widening    of,    authority    of    township    to    assist    in    payment   of,  1829,1830 

Work   on   to   be   done   under   contract, 1825,1828 

State  rewards  to  townships  of  second  class, 

Payment    of,    1876,1877 

Withheld   for  failure  to   furnish   statement   of  expenditure,    .  .        1879 

Statement  of  expenditure  of,  penalty  for  failing  to  make, 1879 

Supervisors, 

Authority  of  in  vacation,  alteration  and   relocation  of  roads,  lead- 
ing to  parks  and  public  grounds,  vested  in  the  State,  .  .    1797-1800 

Notice  to  of  views  and  reviews  of  roads,   1728 

Surveyor, 

One  to  be  on  each  jury  of  views  or  reviews,    1732 

To  be  supplied  on  all  views  and  reviews, . 1731 

Throwing  of  glass,  metal  or  refuse  on,   prohibited,   penalty,    1858,1859 

Toll-roads, 

Acceptance  of  as  township   roads,    1819 

Contributions  by  township  to  purchase  price,    1817 

Townships  of  second  class  entitled  to   State  rewards 1876,1877 

Trees  or  shrubbery  within  limits  of,  cutting  of,    1830-1835 

Agreement    with    abutting    property    owners,    for,     831 

Appeal  to  court  of  common  pleas  when  consent  of  abutting  prop- 
erty owners  cannot  be  obtained,    831 

Brush    and    refuse    may    be    cleared    away,     833 

Penalty  for  violations  of  provisions  relating  to,    834 

Removal    of    fallen    trees,    83§ 

Would  obtain  from,  to  be  surrendered  to  abutting  property  owners,         832 
Turnpikes, 

Acceptance  of  as  township  roads 1819 

Capital  stock  in, 

Assessment  of  tax  for  purchase  of,   1816 

Dividends  on,  to  be  expended  on  repair  of  highways 1816 

Election  to  decide  on  purchase  of,  by  township 1816 

.Supervisors  authorized  to  subscribe  for  on  approval  of  citizens.       1815 

Maintenance  and  repair  of  those  abandoned  by  county,   1818 

Supervisors    authorized   to    subscribe   for   capital    stock    in,    on    ap- 
proval of  citizens, 181» 

Upon  and    along  dividing  lines  of   adjoining  counties,    laying  out.   alter- 

ing  and  vacating  of '-' 

Vacation,. 

Application  by  petition  for,    

By  county  commissioners,   ' 

Confirmation  of  report  of  viewers'  on 


579 

See. 
ROADS,   STREETS   AND   HIGHWAYS,   Cont 
Vacation, — Cont. 

Damages  to  propertj  owners,  when  no  land  taken 1  "!»•"> 

Basements  in  streets  to  terminate  in  five  years  after 1792 

Jurisdiction    of   court 1780-1783,1786,1793 

Not  to  lie  closed  until   new  road  opened 1785 

Of    county    roads 1793 

Of    public   and    private,    L780 

Of  roads  in  townships  of  first  class IT'.'!* 

Of  roads  on  dividing  lines  of  two  adjoining  counties 1727 

Of  State  roads,    1781,1782 

Of  those  existing  by  prescription  or  lapse  of  time 1780 

Of  those  laid  out   and  confirmed,  but   not  opened,    1778 

Of  those  laid  out  and  opened  in  part 111'.) 

Of  those  leading  to  parks  and   public  grounds  vested   in   the  state, 

procedure    for,     1797, 1N<  1 1 

On  division  line  between  townships,    1786-1790 

Supplying  new  road  for, 1787 

Petition  for,  contents  of, 1784 

Roads  exempt  from  jurisdiction  of  court 1780.  1783 

Suits  for  to  be  brought  within  five  years 1791,  1792 

Surveyor  to  be  on  jury  of  view,   1732 

Viewers,  certain  persons  not  eligible  as 1782 

Vacation  and  changing  of,  certain,  general   road   law   to  apply   to 640 

Viewers, 

Appointment  of  to  assess  damages  for  opening   roads 1747.  1748 

Appointment   of   to    lay   out 1726 

Compensation    of,    1744, 1760 

Number    of,    1 732 

Oatli    of 1734 

Qualification    of 1730,  1732 

To  make  report  to  court   at  next  term  after  appointment 172fl 

Views    and    reviews, 

Notice  of  to  supervisors  and  commissioners 1728 

Surveyor  to  be   supplied  by   applicants   for 1731 

Watering  troughs, 

Chartered   societies   maintaining,    to    publish    statement    of   expendi- 
tures for 1852 

Erection  and  maintenance  of  along  highways 1852 

Compensation    for 1852 

Penalty  for  injury  or  destruction  of 1864 

Pumps  to  supply  water  to,  compensation  for 1853 

Specifications  for.    1852 

Supplying  water  to  by  pump,  compensation   for 1853 

Those  already  erected  to  have  preference,   1 856 

Widening    and    altering    of    those    connecting    municipal    corporations, 

damages    for 1796 

Widening  of  certain,  general  road  law  to  apply  to 640 

RUBBISH  AND  WASTE  MATERIALS,  see  PUBLIC    HEALTH. 
SECRETARY,  see  OFFICERS  AND  EMPLOYEES. 
SECOND  CLASS  TOWNSHIPS,  see  also  SUPERVISORS. 

<  Corporate  power  of,  vested  in  township  supervisors 386 

I  'ewers    of :;s5 


580 

See. 

SETTLEMENT,  how   gained    in   township 2095,  2096,  2097 

SEWERS  AND  DRAINS, 

Acquisition  of  existing  system  of,    1!».'!'J 

Proceedings  to  ascertain  price  to  be  paid 1933,  1934 

Joint  sewers, 

Approval  of  plans  for,  by  State  Department  of  Health 114] 

Power  of  townships  to  contract  for  construction  or  maintenance  of,  1140 

Purchase  of,  existing  system  of,  by  township  from  private  owner 1932 

Townships  of  the  first  class, 

Condemnation  of  land  for  sewer  or  disposal  purposes, 

Appeal  to  Supreme  or  Superior  Court  from  final  confirmation 

of  report  or  verdict  of  jury,    1076 

Damages, 

County  roads  vacated   to  become  township   roads 17!i4 

Awarded,  entered  as  verdict,  collection  of 1077 

Liability   for,    1073 

Jury    trial,    1076 

Procedure    for,    1073-1077 

Viewers, 

Appeal   from   report   of,    1076 

Appointment  of,  to  assess  damages,  notice  of  meeting  of,  1074 

Confirmation  of  report   of,    107*5 

Duties   and  report  of,    1075 

Exceptions    to    report   of,    1070 

Connection  with  existing  sewers  of  other  municipalities, 

Petition   to   court   for,    1120 

Power  to  make 1125 

Viewers, 

Appointment  and  duties  of,    1127 

Reports  of,  filing  and  confirmation  of  and   appeals  from,  1128 
Construction   and   maintenance  of,   by   individuals  or  corporations 

under  contract  with  commissioners, 1095 

County  highways, 

Collection  of  cost  of  construction  of  sewers,  etc.,  in  and  under,  1116 

Power  to  construct  sewers,  etc.,  in  and  under 1115 

Delegation  of  power  to  construct  and  maintain   in,  to  individuals 

or  corporations,   1 1 195 

Disposition   of  sewage,    1072 

Contracts  with  other  municipalities  or  corporations,  for,   ....  1072 
Purchase  or  condemnation  of  property  outside  township,  for,  1072, 1073 
General    fund,    amounts    not    legally    chargeable    upon    properties, 

payable  out  of 1080 

In  streets  or  alleys  or  over  private  property,  costs,  damages  and 

expenses,  procedure  for  assessment  and  collection  of,   ....  1105 

Monthly  or  annual  rate  for  use  of,  to  be  prescribed  by  ordinance,  1070 

Power  to   establish   and  construct 1070, 1071, 1105 

Power  to  locate  and  construct  through  private  lands 1071, 1073 

Property  owners  benefited  by,  to  be  charged  with  cost  of  construc- 
tion   of 1078-1085 

Assessments  of  cost  payable  to  township  treasurer,  notice  of,  1084 


581 

BRS    LND  DRAINS,  Uont  Bee 
Townships  of  the  First  Glass, — Com. 

Property  owners  benefit**.!  by.  to  bo  charged  with  oosl  astrue- 

tion  of, — Cont. 
By  assessment, 

In  proportion  to  benefits,  procedure  for 1081-108 

In  proportion  to  frontage 1081 

Procedure 1081-H  - 

Viewers, 

Appeals  from  and  exceptions  to  report"  of 10s 

Appointment  of  t<>  assess  benefits  accruing l"v  - 

Confirmation  of  report  of l"v 

Duties  and   report   of 1  "v ■'• 

Notices  of  proceedings  before,  payment           s    of 1085 

Reports  of,  appeals  to  Supreme  or  Superior  Court 108 

Property  owners  may  be  required  to  connect  with  ami  use 1070 

Rental  for  use  of  sewer  to  constitute  a  lien 1070 

Sewer  districts,  apportionment  of      sts        --stem  among 1079 

State  highways, 

Collection                        onstruction  of  sewers,  etc..  in  and  under.  111'! 

Power  to  construct  sewers,  etc,  in  and  under 1115 

Taking  over  of,  by  commissioners  after  construction  by  individuals 

or  corporations 1095 

SHADE  TREES 1330-1341 

Townships  of  the  first  class 

sr   and  expense  of  caring  for, 

Payment  of 1339 

To  be  certified  to  commissioners  annually,  by  Shade  Tree  Com- 
mission.      1339 

Cost  of  planting,  etc., 

illection  of  when  certified   to  commissioners 1338 

Payment    of 1337 

Shade  Tree  Commission  to  certify  to  commissioners  and  treas- 

1. ..  .— 

Park  Commission, 

Notice  of  meeting  to  consider  work  concerning  trees.   1336 

Report   of 1335 

When  powers  of  Shade  Tree  Commission  given  to 1332 

Penalties  for  violation  of  regulations, 

Assessment   and   collection   of 1340 

Payable  to   treasurer 1341 

Shade  Tree  Commission, 

Appointment    of,   compensation,    term.    1331 

Notice  of  meeting  to  consider  work  concerning  trees 1336 

Power    to    establish 1330 

Powers  of 1333,  1 334 

Report  of 1 335 

Vacancies    in,    how    filled 1331 

When  Park  Commission  shall  have  powers  and  duties  of 1332 

SHOWS,    regulation  of  by   township  commissioners 381 

SIDEWA1  KS. 

Grade  for,  power  to  establish  separate  and  apart  from  grade  of  roadway.  1925 
Power  to  establish  grade  of  separate  and  apart  from  grade  of  roadway. 


582 

SIDEWALKS,   Cont.  See. 

Townships  of  the  first  class, 

Along  highways  leading  to  or  connecting  cities, 

Acceptance  of  sidewalk  constructed  before  passage  of  ordinance,       1013 
Consent   for  construction   of,   when   highway   is   turnpike   road 

or  State  Highway,    1005 

Construction  of,  by  commissioners  after  failure  to,  by  property 

owners,     1010 

Cost   of   construction   charged   to   property    owners,    collection 

of, 1010, 1011 

Default  by  property  owner  when  notice  served  on  September 

1st 1009 

Establishment  of  by  ordinance 1005 

Notice  to  property  owners  to  construct,  service  of,    1008 

Ordinance   for   shall   specify 1007 

Reconstruction  of  sidewalk  constructed  before  passage  of  ordi- 
nance,   expenses   of,    1013 

Repayment    of    township's    share    of    cost    of    construction    to 

property  owner,    1012 

Township  may  pay  part  of  cost  of  construction 1011 

Width   of 1000 

Along  turnpike  roads,  State  Highways  or  county  roads. 

Acceptance    of    sidewalk    constructed    before    passage    of   ordi- 
nance   904 

Collection   of  cost  of  construction  from  owners,   993 

Construction  of,  by  commissioners  after  failure  to,  by  property 

owners 993 

Cost  of  construction  charged  to  property  owners 990,  993 

Notice  to  property  owners  to  construct,    992 

Ordinance  establishing  shall  specify 991 

Reconstruction  of  sidewalk  constructed  before  passage  of  ordi- 
nance,  expense   of,    994 

Service  of  notice  to  grade  and  construct 992 

Assessment  and  payment  of  damages  for  taking  of  property  in  con- 
struction   of 980 

Collection   of   cost   of   grading,   paving   and   curbing   sidewalk,    and 

penalty,  when  done  by  commissioners,   ..   972.982,993,  101U,  K'17 

Cost  and  maintenance  of 960 

County  roads,  power  to  lay  out  on,   980,  990 

Grading,  paving  and  curbing  of. 

By   commissioners    upon    failure    by   owners    to,    after   notice,  971,982 

By  ordinance,   on  petition  of  property  owners 970,  980 

May  be  directed  in  towns  and  villages 981 

Grading,  paving,  etc.,  of, 

Cost  and  expense  of,  collection  of 1926-1930 

Costs  of  viewers,  payment  of.    1929 

Damages  for,  collection  of,   1926-1930 

Liens  for,  right  to  file  not  affected  by  appeal  from  assessment 

by  viewers,    1 930 

Payment  of  damages,   assessment   on   property  benefited,   duty 

of  viewers 1928 

Validation  of  acts  and  work  heretofore  (lone 1926 


SIDEWALKS.  Cont.  Sec. 

Townships   of   the   first    class,    Cont. 
Grading,  paving,  etc.,  of,  Cont. 
Viewers,  • 

Appointment    of   to   assess  costs   and   damages,    notice  of 

meeting,   1920,  1929 

Compensation  of,  payment  by,   1929 

Proceedings  before,  service  of  notices  of,  report l!»-7 

Reports  of,  confirmation  of,  appeal  from,  effect  of  appeals,       1930 

Reports  of,  filing  of,  notice  of 1!>27 

Liens  for  grading,  paving,  etc.,  right  to  file  not  affected  by  appeal 

from  assessment  by  viewers 1930 

Notice  to  property  owners  to  construct,   970 

Power   to   construct,    in,    900, 980, 990 

Repair  of,   1025 

By    commissioners    upon    failure   of   property   owner    to,    after 

notice,  collection  of  cost  and  penalty,   1026 

Power    to    require,    1020 

Service  of  notice  upon  property  owner,   1027 

Service   of   notices   of  viewers   in    proceedings   to    assess   damages,       1!»'_!7 

State  highways,  powers  to  lay  out,  on.   9n<  >.  90< » 

Turnpike  roads,   power  to  lay  out.  on,    980,  990 

Validation    of    grading,    paving,    curbing    and    laying   of    sidewalks 

heretofore    done,    11)20 

Width  of 960, 980 

Townships  of  the  second  class, 

Along  highways  through  towns  and  villages, 

Expense    of   construction 1041 

Maximum   proportion   of  taxes  to  be  used  in  construction   of,       1041 

Power  to  construct,    1  <  '41 

Along  public  highways, 

Cost  of  construction  and  repair,    1040 

Establishment  of  by  supervisors,   1040 

Width    of,    1040. 1042 

SIGN   HOARDS,  see  ROADS.  STREETS  AND  HIGHWAYS. 

SINKING    FUND,    see   INDEBTEDNESS. 

SLAUGHTER   HOUSES,    townships   of    the   first   class,    regulation    of   by 

township  commissioners,    381 

SPITTING,  see  PUBLIC  HEALTH. 

STALLION,  see  STRAYS. 

STATE  ASSOCIATION,   see  ASSOCIATION. 

STATH  DEPARTMENT  OP  HEALTH. 
Approval  of  plans  for  construction  of. 

Joint   sewers,   by,    1141 

Water  works  by   township   in   connection   with -a   borough 1206 

Trwnrfiips   of  the   first    class,    approval    of   plans   and    surveys   of    water 

system    in.    by 1181 


584 

STATE  HIGHWAY  DEPARTMENT,  Sec.  , 
Commissioner  of,  to  furnish  blanks  to  treasurers  of  second  class  town- 
ships,      287 

Consent  of, 

To  construction  of  sewers  and  drains  in  or  under  State  highways,  1115 

To  construction  of  sidewalks  along  State  highways, 990 

Examination  of  accounts  and   records  of  township  officers 194 

Lights  on  and  along  State  highways,  commission  for,    381 

Reports  to  be  made  to, 

By   supervisors 238 

By    township    commissioners,    214 

Representative  of,   to  be  eligible   to  membership   in  county   association 

of  township  commissioners  and  supervisors,    197 

Renewals  for  road  and  bridge  construction,  application  blanks  for  to  be 

provided   by,    432-435 

Road  machinery,  contracts  for  purchase  of  by  supervisors,  to  be  approved 

by, 386 

Superintendents  and  road  masters  subject  to  rules  of,    236 

STRAYS, 

Advertising  of  when  owner  does  not  appear,    1973,  1975 

Boar, 

Impounding  and  sale  of,  after  notice  to  owner 1981 

Running  at  large  of,  on  public  highway  not  permitted 1980 

Books  containing  entries  of,  to  be  open  to  public,  no  fee  for  search,   .  .  1978 

Bull, 

Impounding  and  sale  of  after  notice  to  owner,    1981 

Running   at   large   of,   on   public   highway   not   permitted,    1980 

Collection,  cost  of  entry,   advertising  and  keeping, 

From   owner  of,   procedure,    1972 

When  owner  is  not  found,  procedure 1972,  1973 

Detention  of,  until  cost  of  making  record,   advertising   and   keeping   is 

paid    by    owner,    t 1971 

Forfeiture  by  person  taking  up,  for  failure  to  give  required  notice,   .  .  .  1977 

Jack, 

Impounding  and  sale  of  after  notice  to  owner,  1981 

Running  at  large  of,  on  public  highway  not  permitted 1980 

Mules  included  within  provisions  of  acts  relating  to,   1976 

Notice, 

Forefeiture  for  failure  to  give  as  required,    1977 

On  enclosed  or  improved  land  to  be  given  owner  or  town  clerk, 

penalty  for  failure  to, 1971 

On  improved  or  enclosed  lands,  notice  of  to  be  given, 

Owner,    penalty,    1971 

Town  clerk,  when  owner  cannot  be  found,  penalty,    1971 

Penalty  for  failure  to  give  notice  to  owner  or  town  clerk,  collection  of,  1971 

Ram, 

Impounding  and   sale  of  alter   notice  to  owner,    L981 

Running  at  large  of,  on  public  highways  not    permitted, 1980 

Recovery  by  owner,  of  proceeds  of  sale  of,  procedure  for 1973 

Repeal  of  special  acts  relating  to,    1979 

Sale  of  where  owner  fails  to  pay  costs  or  does  not  appear,  notice.  1972,  1!>7.*!.  ~\'.>1~> 


585 

STRAYS— Cont.  Sec. 

Stallion, 

Impounding  and  sale  of  after  notice  to  owner,    1981 

Running  at  large  of,  on  public  highway  not  permitted 1980 

Swine,    running   at   large  of  without    rings   and    yokes,    not    permitted, 

penalty,    collection    of 1984-1986 

Town  clerk, 

Compensation  of  for  making  entry  of,  after  notice  of 1971 

Notice  of  strays  on  enclosed  land  to  be  given  to  when  owner  can- 
not be  found,  penalty 197] 

Penalty, 

For   asking   or   receiving   fee   for   search    in   books   containing 

entries    of 1!»78 

For  not   making  entry  of,    1971 

SUBPOENAS,    auditors    may   issue,    326 

SUPERINTENDENTS,  see  OFFICERS  AND  EMPLOYEES. 
SUPERVISORS,  see  also  ROADS,  STREETS  AND  HIGHWAYS. 

Appeals  from  assessments  on  township  property,  by,   1550 

Appointment  of  by  township  commissioners  in  first  class  townships.   .  .  213 

Appointment  to  fill  vacancy  in  office  of,    180 

Appropriation  by,  of  tax  received  on  harvesting  of  timber  on  auxilliary 

forest    reserves 1606 

Armories, 

Appropriation  for,  by 386 

Water,  light  and  fuel  for  to  be  furnished  by 386 

Attendance    at    conventions    of    commissioners    and    supervisors,    com- 
pensation   for,    196 

Auxiliary  forest  reserves,  appropriation  by  of  taxes  received  on  harvest- 
ing of  timber  growing  on,   liKR*, 

Banking  institutions  may  act  as  treasurer  of  board  of,   231 

Books  of, 

Delivered  to  successors  of,    233 

Open    for    inspection,    233 

Submitted  to  township  auditors 233 

Burial  grounds  to  be  taken  charge  of  by,  when  a   nuisance,    2117 

Canada  thistle,  duty  to  cut  and  destroy. 

After  failure  of  landholder  to 198S 

When  growing  along  highways,  and  on  mountain  or  unseated  land,  1989 

Compensation  of,   714 

Auditors  to   determine  amount  of,    235 

When  not  acting  as  superintendents  or  road  masters 235 

When  overseeing  or  working  on   road,    235 

Corporate  power  of  townships  vested   in,    386 

County  associations  of,  formed  by,   195 

Division  of  township   into   road   districts,  by.    2.14 

Duties    of,     241 

Election   and   term  of,    141.  145.  146 

Election   of  in  consolidated   townships 69 

Extortion  by  from  travelers  on  public  highway  prohibited,    845 

Fire  hydrants,  placing  of,  by,    386 

Highway  material  and  machinery  to  be  purchased  by.    386 

Highways,  contracts  for  construction  of  to  be  approved  by  State  High- 
way  1  department,    386 

Indebtedness  certificates,   issue  of  when  highway  funds  are  exhausted.  436 

Lockups,  erection  of  after  election  on  question  of 1250 


586 

SUPERVISORS.— Cont.  Sec. 
Meetings   of   board    of. 

Expenses  of,  how  paid,    232 

Minutes  of,  to  be   kept,    293 

Place    of 231 

Quorum    for 232 

Time   of.    231 .  232 

Memorial   Day   services,    appropriation   for,   by,    3S6 

Names  and  addresses  of  to  be  certified  to  State  Highway  Department,  1881 

National  Guard,  lands  for  use  of  to  be  taken  by  eminent  domain 386 

Not   to   be   interested   in   purchases   or   contracts   relating   to  roads   or 

bridges,     239 

Number  of,  in  townships  of  the  second  class,   230 

Officers  of  board   of,    231 

Organization  of  board  of 231 

Penalty  collected  for  cutting  down  shade  trees  to  be  paid  to 1602 

Power  to  set  aside  or  acquire  land  for  playgrounds,  playfields,  gymna- 
siums, public  baths,  swimming  pools  or  indoor  recrea- 
tion   centers 2041 

Powers  and  duties  of 38t>.  716 

Record  of  shade  trees  for  which  abatement  of  taxes  has  been  allowed, 

to  be  kept  by,   1603 

Reports  to  be  made  to  State  Highway  Commissioner,  by,   :  .  .  .  238 

Rewards  for  road  and  bridge  construction, 

Application  for.  to  bo  made  by 432-435 

* 

Withholding  of,  for  neglect  by, 437 

Road. 

Affairs  in  charge  of,  in  second  class  townships 230 

Improvement  and  repair  for  definite  period  may  be  contracted  for, 

by 237 

Magaz:nes  may  be'  subscribed  for,  by 386 

Statement   of   expenditure   of   State   rewards   to  be   furnished   to    State 

Highway  Department  by,  penalty  for  neglect, 1879 

Supervision    by,   of   playgrounds,    playfields,    gymnasiums,    public   baths. 

swimming   pools,   indoor  recreation   centers,    2042 

Taxes. 

Abatement  or  exoneration  of,  to  be  made  by, ...  iCC 

Amount  necessary  for  road  purposes  to  be  estimated  by,   420 

Duplicate  of  to  be  delivered  to  township  collector,   423 

Expense  incident  to  collection  of,  to  be  adjusted  by,   429 

Fire  house  and  fire  apparatus,  levy  of  for,    421 

Lighting  highways,   levy  of,   for,    421 

Lockup,   levy   of,   for   building   of,    421 

Special  levy  directed  by  court,  to  pay  deficit,   422 

To  be  levied  upon  all  property  and  occupations,  by, 421 

Townhouse,  levy  of,  for  erection  of 421 

Townhouses, 

Power  to  borrow  money  to  procure  ground  for  and  erect,   1221 

Power  to  procure  ground  for   and  erect,    1220 

Trust  company  may  act  as  treasurer  of  board  of 231 

Vacancy  in   office  of,  filling  of,    180 

Violation   of  provisions  of  Township   ( "ode  by,    240 

Watering  troughs,  erection  of,  by 386 

Work  on  roads  by,  not  prohibited,    234 


Sec. 

SWIMMING  POOLS,  erection,  maintenance  and  regulation  of 2041-2047 

SWINE,  see  STRAYS. 

TAX  LIENS,  see  TAXATION;  Municipal  Tax  Liens. 

TAXATION, 

Assessments. 

Appeal   from   by   aggrieved    person,    1 551 

Appeal   from  by   township   authorities,    1550 

Piling   of   bond   on    appeal    from,   may   stay    proceedings   for   collec- 
tion,  form   of  bond,    1 552,  1 553 

Bond  of  collector  of  special  taxes 1560 

Book  containing  names  of  taxables,  to  be  kept  by  tax  collector 1565 

Burial  id  aces  not  subject  to  tax  or  tax  claims 1609 

Collection  of  by  county  treasurer,  compensation  for 1574 

Collection  of  taxes,  stayed  by  filing  of  bond  on  appeal  from  assessment.  1552 

County  property  not  subject  to  tax  or  tax  claims,   160f) 

Deductions  by   employers  of   amount  of  taxes  due,   from   wages   of  un- 
naturalized residents,  notice  to.  penalty,   1583.  1584 

Delinquent   taxes,    return    of   to   county   commissioners,    sale   by   county 

treasurer,   additional    penalty  for,    1591,  1592 

Deputy  tax   collector  may  bo  employed   by   tax  collector,    15*77 

Duplicates,   when    issued 1561 

Executors  of  tax  collectors  to  collect  unpaid  taxes  during  life  of  war- 
rant,       1568,  1569 

Exonerations  to  bo  made  by   authorities 1578 

Forest  or  timber  trees,   allowance  of  rebate  of  taxes  for 1604 

Foreign    fire    insurance   companies.    State   tax    on,    distributed    to    town- 
ships   1 674 

Forfeiture  by  tax  collector  for  failure  to  perform  duties 1579 

In  townships  of  the  first  class, 

Abatement  of  taxes  to  be  made  by  township  commissioners 405 

<  Sonveyances  of  real  estate  in,  to  be  entered  of  record,   •"><>."> 

Duplicates,   when  issued,   contents   of 1556,  1561 

Firebouses,  tax  for :!!)7 

Retention    of   cost    of   printing    and    postage   incident    to    collection 

of  taxes,  by   treasurer,    404 

Revision  of  assessments  during  years  between  triennial  assessments,  154S 
Roads  and  bridge  purposes,  amount  of  taxes  levied  for,  t<>  be  re- 
ported  to   State   Highway  Department 214 

Special    tax   for   payment   of   deficit,   levying   of 398 

Tax  duplicate,  to  be  delivered  by  commissioners  to  treasurer .",!)D 

Tax  for  township  purpose  to  be  levied  on  all  property  i  nd  occupa- 
tions   •!!)? 

Tax  levy  to  cover  appropriat'ons 39(1 

Taxes  to  be  collected  only  by  treasurer '274 

Townhouse,    tax    for 397 

Township  purposes,  tax  for ::!i7 

Treasurer  to  give  notice  of  receipt  of  tax  duplicate 400 

Treasurer  to  give  notice  to  taxables  of  amount  of  taxes  due 401 

Trees,    t  ax    for ;  .",!)7 

Unpaid  taxes,  collection  of  by  treasurer 403 

In  townships  of  the  second  class. 

Abatement    of   taxes,    423 


588 

TAXATION— Cont.  Sec. 
In  townships  of  the  second  class,  Cont. 

Abatements  or  exoneration  of  taxes  to  be  made  by  supervisors,  ....  430 

Accounts  of  tax  collectors  to  be  settled  by  auditors,   431 

Expenses,   estimate   of   for   road   purposes,   to   be   made   by   super- 
visors   420 

Fire  apparatus  and  fire  house,  levy  of  tax  for,   421 

Notice  of  receipt  of  tax  duplicate  to  be  given  by  tax  collector,   .  .  424 

Penalty  for  failure  to  pay  before  October  first, 423 

Report  of  taxes  for  road  purposes  to  be  made  by   supervisors  to 

State    Highway   Commissioner 238 

Road   taxes  collectible  in  cash,    421 

Taxes, 

Collected,  to  be  paid  to  treasurer  monthly, 428 

For  fire  protection  to  be  received  by  treasurer,    386 

For  lighting  purposes,   to  be   received  by  treasurer,    386 

For   township   purposes,   to   be   levied   upon   all   property   and 

occupations,     421 

Joint  tenant   of  seated  land,   payment   of  proportionate  part   of   taxes 

due,  by,   1577 

Money  owing  by  solvent  debtors,  not  taxable,   1534 

Monthly  returns  by  tax  collectors,  penalty  for  not  making,    1572.  1573 

Municipal  Tax  Liens, 
Addition  of  names, 

To  writ  of  scire  facias  by  sheriff,   1616 

When  suit  is  brought  by  scire  facias,  direction  to  prothonotary,  1615 

Advertisement    of   sale,    1626 

Affidavits  to  petitions,  answers,  etc.,   HV.V2 

Amendments  to  claims,  petitions,   answers,  etc.,    1633 

Amicable  scire  facias, 

Agreement  by  parties  upon,    1  til 5 

To   revive   judgement   on,    1(11!) 

Appeal   from   judgment,   bond,    supersedeas It'.'.".' 

Appeals  to  Supreme  and  Superior  Court,   H\:'r> 

Apportionment  of,   among  separate   properties  affected  by,    Kill 

Attorneys'  commissions, 

Amount  allowed   in   collection    of,    1617,1618 

Assessment  of  by  prothonotary  on  entering  judgment,    1617 

Claim  for  taxes,  filing  of,  life  of  lien,  revival  of,    1610 

Claim  to  be  filed,  form  of, 1611 

"Claimant,"    definition    of,    1607 

Claims  to  which  act  applies,    1636 

Collection   of,    procedure,    1607-1636 

Compulsory  non   suit,   effect   of,    1618 

Costs,  recovery  of  by  execution,    1<!21 

Deed  of  sheriff,  validity  of,    1629 

Divesting  lien,  by  judicial  sale,    1629 

Enlarging  of  time  for  filing  affidavits  of  defense,  answers,  replica- 
tions, etc.,   1631 

Evidence,  tax  claim  to  be 1618 

Executions, 

Against  quasi-public  corporations,    1628 

By   levari    facias,    form    of,    1626 


589 

TAXATION,— Cont. 

Municipal  Tax  Liens. — ( 'ont. 

Facts  averred  and  not  denied,  taken  as  true in.'!!' 

Fee    of    prothonotary    for    searches 1»'>24 

!•'  ling  of 1610 

Form  of  revival  <>f. 

By    averment    and    suggestion,    1610 

By  scire  facias,   1610 

Form   of  writ   of  scire  facias,   for  suit   on.    1615 

Habere  facias  possessionem,  writ  of  to  give  sequestrator  possession 

of   property,    1622 

Indexing    of   proceedings 1623 

Intervention  by  interested   party  in  proceedings  for 1613 

Judgments, 

By    default,    opening    of,     1631 

Entry  of,  if  no  affidavit  of  defense  is  filed,   1017 

For  want  of  sufficient  affidavit  of  defense 1617 

Motion  for,  by  defendant,   1617 

Recoverable  only  out  of  proceeds  of  sale  of  property  bound  by,  1621 

Revival  of  by  amicable   scire  facias,    1619 

Revival  by  scire  facias,  form  of,   1619 

To  be  final  and  conclusive  after  delivery  of  sheriff's  deed,    .  .  1629 

Levari  facias,  form  of 1 626 

Lien  of  taxes, 

May  be  filed  against  property  tax  and 1609 

Priority    of 1608 

Liens, 

Disposition  of 1607 

Priority  of 1 629 

When  not  divested  by  judicial  sale.    1629 

Life  of , 1610 

Locality  index  of  tax  claims  to  be  kept  by  prothonotary 102-4 

Loss  of,  by  failure  to  file  claim,   1610 

"Municipalities," 

Definition  of 1607 

Right  to  purchase  property  at  sale 1629 

Notices,  service  of 1633 

Opening   judgments    entered    by    default,    1631 

"Owner,"   definition   of 1607 

Payment   of   lien   on   one   property   when    several   are   affected   by, 

effect   of 1614 

Persons  interested   in  property   affected  by,   intervention   by 1613 

Petitions,  service  of,    1633 

Priority   of  liens 1 02!) 

"Property," 

Definition  of 1607 

Description  of  in  claim  for  lien 1012 

Not  subject  to  tax  or  tax  claims 100D 

Public  charity,  institutions  of.  not  subject  to  tax  or  tax  claims.   .  .  1609 

Purchase   of  property   by   municipalities,    1029 

Quasi-public   corporations,    executions   against 1628 

Redemption  of  property  by  owner 1629,1630 

Religious  worship,  places  of,  not  subject  to  tax  or  tax  claims.   .  .  1609 

Replications,   contents  of, lp!*2 


590 

Sec. 
TAXATION,— Gont. 

Municipal  Tax  Liens, — Cont. 

Revival  of, 1610 

Revival  of  judgment, 

By  amicable  scire  facias,    1619 

By  scire  facias,   form  of,    1619 

Rules, 

Return  of,   1632 

Service  of, 1633 

Sale  of  property,  procedure  where  bid  insufficient 1629 

Sale,  stay  of,  by  payment  of  claim,   1629 

Scire  facias, 

Form  of, 1615 

Return  of,  1616 

To  revive  form  of,    1610 

To  revive  judgment, 

Form  of,    1619 

Service  of,  1620 

Service  of  by  sheriff,   1616 

Security,  sufficiency  of,  approval,  substitution 1634 

Service  of  notices,  petitions  and  rules,   1633 

Sequestrator  of  rents  and  profits  of  property  bound,   appointment 

of   after   judgment,    1 622 

Stay  of  proceedings,   security 1625 

Stay  of  sale  by  payment  of  claim,    1629 

Substitution  of  interested  party  as  defendant  in  proceedings 1613 

Suggestion   to   revive,   form   of 1610 

Suit  by  writ  of  scire  facias,  form  of 1615 

Tax   liens,   definition   of,    1607 

Taxes,  . 

Definition  of.    1607 

Lien   of,   priority,    1608 

Upset  price  to  be  fixed  by  plaintiff 1627 

Validation  of  certain  claims, 1636 

Verdict  in  excess  of  amount  admitted  by  defendant,  effect  of 1618 

Names,  unlawful  to  add  to  duplicate  return  of  assessor,  penalty,  ....  1580 
Notice  by  tux  collector  to  county  treasurer,  contents  of.  penalty,  .  .  1557.1 559 
Office  hours  of  tax  collector. 

During  time  when   discount   allowed,    1566 

For  collection  of  taxes,  notice  of  to  county  treasurer 1557 

Payment  over  by  tax  collector  of  taxes  collected,  penalty  for  not  mak- 
ing,     * 1572.157:: 

Penalty, 

For  failure  on  part  of  tax  collector  to  furnish   tax   receipt 1571 

For  failure  to  pay  taxes  within  sixty  days,   402 

Power  of  tax  collector  in  collection  of  taxes,  liabilities  and  penalties.  1564,1585 
Rebates, 

For  forest  or  timber  trees,  claim  for,  amount  of 1604 

For  planting  of  shade  or  forest  trees,  amount  of,  method  of  plant- 
ing,       1597-1600 

Receipt  for  taxes,  furnishing  of  to  tax  payer  by  tax  collector,  contents 

of 1579 


591 

Sec. 
TAXATION,— Cont. 

Road  taxes,  collection  of  by  levy  on  goods  of  tenant,  1586 

Shade   trees,   rebates  of   taxes   tor   planting  of,    amount    of,   method   of 

planting,   L597-1OO0 

Special  taxes,  collection  of,  bond  of  collector,   156* 

State  property  not  subject  to  tax  or  tax  claims L609 

Suit  for  collection  of  taxes  nol    to  be  brought    by  tax   collector  during 

life    Of    warrant 15S!l.  1  ."i!Hi 

Tax  collectors'  address  book  to  be  kept  by  counts  treasurer,  contents  of,       l.v.s 

Tax    sales   of    lands   of   tenants    in    common    to   pass    title   only    of    interest 

of   owners   failing   to   pay   taxes,    1575-1577 

Tases,    unlawful    to    receive    from    person    not    assessed    and    returned, 

penalty,    1580 

Tenants,  goods  of,  liable  for   payment  of, 

All  taxes 1587,1588 

Road    taxes.    1586 

Timber  on   auxiliary  forest   reserves,   tax  paid   upon   harvesting  of,  bond, 

application  of   tax 1606 

Triennial  assessments,  to  be  made  in  townships  of  the  first,  class  by  the 

assessor    and    assistant    assessors,    1535 

Undivided  interest  of  one  owner  in   land  cannot  be  sold  for  non-pay- 
ment   of   taxes  due   from   other  owners 1575,1576,1577 

Unnaturalized    resident,    subject    to   payment    of   taxes,   collection    of,    1581,1584 
Unseated  land. 

Joint    tenant    or   copartener   of   may    pav    bis    proportionate    part    of 

taxes  due  thereon,    1 596 

Taxes    upon    not    to  be  collected  by   tax  collectors 1594 

Taxes  upon  to  be  paid  within  one  year,  interest 1595 

Warrant  for  collection, 

Issuing  of 1561 

Life  of,  1562,1563 

T(  >OLS.  purchase  of  in  first  class  townships 381 

TOWNOIOURK,  see  OFFICERS  AND  EMPLOYEES. 

TOWNHOUSE,  tax  to  be  levied  for  erection  of,  in  second  class  townships.  421 

TOWNSHIP  COMMISSIONERS,  see  COMMISSIONERS. 

TOWNSHIP  LINES  AND   BOUNDARIES, 

Altering   and    ascertaining   of T# 

Adjustment  of  rights  and  liabilities  in  cases  of  altering 7.*! 

Procedure  in 71,  72 

Ascertainment  and  establishment   of  disputed,    8© 

Procedure   for 81  ,82 

( 'ompensation    of   commissioners,    surveyors,    artists    and    chain    carriers 

in  fixing  of !'• 

Marking   of,    H'd 

Stream    as    bound  ry,     95 

TOWNSHIP    PRISONERS,    maintenance   of,    2146 

TRANSIENT  MERCHANTS,  see  LICENSE  AND  LICENSE  FEES. 
TREASURER,  see  OFFICERS  AND  EMPLOYEES. 
TREASURER  OF  ASSOCIATION  OF  TOWNSHIP  COMMISSIONERS 
AND  SUPERVISORS,  see  ASSOCIATION  OF  TOWN- 
SHIP      COMMISSIONERS       AND       SUPERVISORS. 
Treasurer. 


592 

Sec. 

VACANCIES   IN   OFFICE,   see   OFFICERS   AND   EMPLOYEES.      SU- 
PERVISORS;  COMMISSIONERS;  ELECTIONS. 

VAGRANTS,   arrest  and  detention  of,    :;si 

VEHICLES,  see  MOTOR  AND  OTHER  VEHICLES. 
VIADUCTS,  see  BRIDGES  AND  VIADUCTS. 
WARDS, 

Court  to  fix  number  of  in  first  class  townships,    34 

Creation  and  division  of  in  townships  of  the  first  class,   33,  34 

Procedure  for,    33 

Division   of   into   more   than   one  election   district,    34 

Election   districts  in   first   class   townships  to   constitute 34 

Election   districts   in,    to  bo   numbered,    34 

Lines  and  boundaries  of  may  be  fixed  and  altered 33,  34 

Procedure  for,    33 

Numbering  of  according  to  election  districts  in,    34 

WATCH  HOUSE,  see  LOCKUP. 
WATER  SUPPLY  AND  WATER  WORKS, 
Commissioner  of  water  works, 

Application  to  court  for  appointment  of,   1207 

Ordinance  of  commissioners  to  avail  themselves  of,   1207 

Resolution  of  supervisors  to   avail  themselves  of 1207 

Construction,  acquisition    and    maintenance    of    in    connection    with    u 

borough,  1205 

Appointment  of  commission  of  water  works,    1207 

Approval  of  plans  by  State  Commissioner  of  Health,    120H 

Forestry   reservation,    impounding   water   upon,    2011 

Needs  of  township  or  inhabitants  to  be  supplied  by  water  company  ob- 
taining  its   supply   from   within    corporate   limits    thereof. 

procedure,     2009,2010 

Townships  of  the  first  class, 

Approval  of  source  of  supply  by  State  Health  Department,   1181 

Assessment  of  damages  for  taking  or  injuring  property  in  extend- 
ing  system   of   distribution,    1183 

Cemeteries,  etc.,  not  to  be  taken,  injured  or  destroyed  in  extension 

of  system  of  distribution,    1182 

Contracts  to  supply  water  with   adjoining  municipalities,    11SO 

Distribution  of  water, 

Acquired  from  adjoining  municipality,   regulation   of  by   ordi- 
nance,             1  1  SI 

Bond  to  be  filed   upon  taking  of  property  for  use  in   system 

for,    *. 1183 

Damages  for  taking  of  or  injury  to  property, 

Payment  of,    1 190 

Procedure  for  assessment  of,    1183-1190 

Power, 

To  make  contracts  with  adjoining  muicipalities,  for,   ....        1180 

To  occupy  highways  for,    1182 

To  take    and    injure    private    property    in    extending    of 

system  of ]  1 82 


.v..;; 

S(  c. 

WATER   SUPPLY   AND  WATER  WORKS,     Cout. 
Townships  <>t'  the  firsl   Ha.^s.     Cont. 
I  distribution  of  water,— Cont. 
Viewers, 

Appointment    ami    duties    of 1184-1186 

<"oS!S     Ml' HS'.t 

Report  of i  im; 

Viewers'  reports,  confirmation  of.  'leu.  ml  („:  jur.\   trial,  appeal 

from 1187,1188 

Eminent    domain,  exercise  of  to  extend  system  of  distribution,    ..        1182 
Private   property,   right   to  occupy   in   extension   <>f  system   of  dis- 
tribution,             H82 

State    Hghways,   permit    from   State    Highway   Department    neces- 

s  rj    before  occupation   of I  182 

WATERING    TROUGHS,    s(e    also    ROADS,    STREETS    AND    HIGH 
WAYS. 

Erection   and   repair  of.  I>\    township  commissioners 381 

Erection   of  by   supervisors,    386 


594 


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